When an individual has the foresight to establish an estate plan, they can choose their own beneficiaries. Unfortunately, many people die without creating thorough estate plans.
After a person dies, surviving family members and other concerned parties may look for a will. If they don’t find one, then they may need to advise the probate courts that the estate is intestate. They submit paperwork affirming that there is no testamentary instrument to guide estate administration.
In such cases, heirs have the right to inherit from the estate. How do personal representatives administering estates identify the heirs of a deceased individual?
Immediate family typically inherits
Usually, the person acting as a personal representative is familiar with the life and family of the decedent. They may already have a social relationship with the surviving spouse of the decedent or their children.
Spouses and children are usually the main heirs of an intestate estate. Occasionally, an individual passes without leaving behind a surviving spouse or children. In such cases, the parents of the deceased individual might inherit their property.
Siblings and other family members may have inheritance rights when there are no surviving parents to inherit. In cases where more distant family members might have the right to inherit, genealogical reviews and formal publications announcing estate administration could help a personal representative identify unknown heirs.
Those anticipating a complicated probate process due to a lack of a will may benefit from sitting down with an attorney. Locating and communicating with heirs is a key component of intestate estate administration.