Estate Legal Law Without A Will
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FAQ
If a person dies without a will they are considered intestate "without a will". Therefore that person's property and estate is distributed ing to the state that is their home state. Real property is handled ing to state law. The distribution of all property is by relationship to the deceased.
If you die intestate (without a will), your state's laws of descent and distribution will determine who receives your property by default. These laws vary from state to state, but typically the distribution would be to your spouse and children, or if none, to other family members.
It is best to think of the decedent's belongings, paperwork, and assets as ?frozen in time? on the date of death. No assets or belongings should be removed from their residence. Their vehicle(s) should not be driven. Nothing should be moved great distances, modified, or taken away.
When a person dies intestate, it means they left no legal will. If there is no will to go by, a state probate court will determine how the person's estate will be distributed. Courts generally establish a hierarchy, with spouses and other close relatives being first in line to receive the assets.
Owning your home with someone else ? like a spouse or partner ? is known as ?joint ownership.? In this case, the other person automatically becomes the property's sole owner when you pass away. This only applies if you're both listed on the deed, meaning that you each legally own the house.