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Intestate Law and Rules

An individual that dies intestate leaves no will behind. The loved ones of the deceased are often left with questions involving the estate and inheritance. Uncertainties of intestate laws and distribution of the estate according to intestacy succession often lead to questions like the ones answered below.

What is intestate?

Intestate describes a way a person dies without leaving a last will and testament. Properties of those who die intestate are distributed according to statues, mainly by the law of descent and distribution. Typically the surviving spouse and heirs will receive the properties.

My mother died intestate in Pa, is survived by my dad, me and my brother. We understand her estate will go to probate. My father wants my brother and me to handle the process. Can my father relinquish his estate right and can probate be avoided?

Probate cannot be avoided if the person who died intestate had assets solely in their name. Any assets that the deceased has solely in their name with no designated beneficiaries will have to go through the probate process in order to get the assets out of her name. The assets that the deceased has jointly or those that have designated beneficiaries will go to that joint owner or beneficiary when a death certificated is shown. Those assets do not have to wait for the probate process.

Surviving spouse can relinquish their right to qualify to administer the estate. Once the surviving spouse relinquishes their right then the probate court can appoint another individual as representative of the deceased’s estate.

In NY, if a person dies intestate what procedure is followed and approximately how long does it take to settle the estate?

In NY if a person had died intestate (without a will) after Jan 1. 2009 and their personal property is not worth more than $30,000 then a small estate affidavit procedure can be used to transfer that personal property.

If however, there is real property then probate procedures will be necessary. Probate will need to be filed in the county that the deceased person resided in at the time of death. A representative will be appointed to the estate. That person would gather assets, pay debts, determine the heirs, and distribute the estate all under a court order.

My husband died intestate. We purchased this house together right before marrying, both sharing down payment costs. I did all the paperwork but only put his name on mortgage. I have a 23 year old step-son and a 14 year old son. What are the intestate laws of distribution in CT?

The interstate law of distribution for CT can be found in Section 45a-437 of the Connecticut Code. Simply stated you will split the estate with any children (issue) he left behind. You will get a full ½ share and the children will share the other ½. Final tally would be you would receive ½ of the estate. Your stepson and son would each receive ¼ of the estate.

In Texas, If a parent dies intestate and has four children and no surviving spouse and one of the children precedes the parent in death do the children of the deceased (grandchildren) receive part of the estate?

Intestate distribution in Texas states that if an individual dies and leaves behind children and no spouse then the children will inherit the estate. Subsequently if one of those children dies before the parent then their children will inherit their portion. These grandchildren will split their deceased parent’s portion of the grandparent’s estate equally.

Gathering correct data and having an understanding of intestate laws can help greatly when face with a person who died intestate (without a will). Experts can help answer questions about what is intestate or what the intestate law for distribution may be in your state. Get the answers fast and affordably by asking an Expert.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
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2 Estate Lawyers are Online Now

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Estate Lawyers are online & ready to help you now

Thomas McJD
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13 yrs estate law, real estate. Wills/Trusts/Probate

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