If someone passes away without a will, their estate will go through the intestate process. Using this route can subject the deceased’s assets to administration based on state law. These provisions offer fair methods to distribute the estate, but considering how each detail can have legal implications, it can take more time and effort. The same goes if the deceased has no spouse or kids.
Dying intestate often places the deceased’s surviving spouse and children first in line in terms of succession. Without these immediate family members, the law may take effect and name other relatives as rightful heirs or beneficiaries listed based on priority:
- Parents of the deceased
- Siblings of the deceased
- Grandparents who are still alive, including those from the deceased’s maternal and paternal side
- Aunts and uncles
- Cousins
- Any stepchildren
This order of succession might not be ideal, but it can be the standard according to the law. If an individual prefers to take a different direction, drafting a will or creating an estate plan could be crucial. There are ways to prevent passing away intestate and shield the estate from instructions that go against the deceased’s wishes.
Planning for the people who matter
An estate plan can be beneficial for any individual to express their wishes even after death. It can also include decisions and information about incapacity, long-term care or medical arrangements.
By preparing adequately, it is possible to lighten the load on surviving family and friends who may still be grieving the loss. Clear direction and instructions during this difficult time could be helpful, allowing loved ones to focus on supporting each other instead of arguing over what the deceased would have wanted.