There is a wide variety of potential complexities in estate planning. The absence of will makes this maxim all the more pertinent. A New Jersey estate planning lawyer
hopes this situation never arises, but if it does, you can rest assured that they have you covered. This manual looks into the consequences of dying intestate and how it could affect your estate. They also look into potential solutions, such as what to do if there is no will and you need to apply to be the executor.
Is There Any Consequence For Lack Of Will?
What happens to a person's property when they die without a will? Intestacy is the legal name for this type of situation.
Intestate deaths result in a temporary freeze on the decedent's property. The court uses this period to investigate the decedent's assets thoroughly. The assets are distributed based on the state's intestate laws. To understand how an estate might be allocated, one can research the specific intestate rules in their state of residence.
There are benefits to going through probate, even though it is a costly and time-consuming process. The court will set a firm deadline for creditors to file claims. Typically, people only have three months to file a claim after an incident. Second, there are safeguards in place thanks to probate. The situation can rapidly become confusing when a person dies without leaving a will. Disputes might arise when relatives cannot agree on who should inherit something. Property is distributed according to local intestate regulations, making it difficult for any wrongdoing to occur. In our guide, "Dying Without a Will," we go into greater depth regarding the possible outcomes in this situation.
Is It Possible To Appoint An Executor If There Is No Will?
Without a will, you can still appoint an executor. Someone still needs to handle the estate administration and asset distribution if there is no will. An appointment by the probate court is required before the individual can move forward. If no will exists, the person designated to handle the estate is called the "administrator."
Is Anyone Eligible To Serve As An Executor?
To be the executor of a will, one must be a close relative of the deceased person. If no one else is willing to take charge, you can step in as administrator. Individual states have different requirements for someone can act as an administrator.
Ordinarily, the following are the first to be appointed as administrators by the court:
➢ Husbands and wives who are still together
➢ Young adults
To determine who can serve as an executor or administrator of an estate and in what sequence, you should contact your state's department of vital statistics.
Make A Will Right Now To Safeguard Your Estate
The main lesson to be learned is the dangers of dying intestate. Without a valid will, an individual must appoint a representative to manage the deceased person's estate through probate. There is a lengthy application process to become an administrator. Even internal strife within families is possible if members cannot agree on who is most qualified to serve.
The best method to safeguard your assets is to draught a will. Having a well-thought-out estate plan in place might help your loved ones stay on the same page in the event of your untimely passing. Many people put off writing a will because they mistakenly believe it would be time-consuming and costly. A professional will-writing service, however, is an option. It is possible to complete the entire process online, but doing so is also quick, simple, and inexpensive. Please consider making your will today.