Decedent Intestate Without Heirs
Description
How to fill out Affidavit Of Heirship, Next Of Kin Or Descent - Decedent Died Intestate?
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FAQ
Intestate refers to dying without a legal will. When a person dies intestate, deciding how their assets will be distributed becomes the responsibility of a state probate court. An intestate estate can also be one in which the will presented to the court was deemed to be invalid.
Mention name of the deceased and date of expiry. In case person is missing/not traceable (i.e., whereabouts of person is unknown for more than 7 years an order/certi?cate of legal death/presumption of death may be issued by Court) mention date since missing.
Heirs are a person's blood relatives, their surviving spouse (if applicable), and any adopted children. Parents, siblings, grandparents, nieces and nephews, aunts and uncles, and cousins are also heirs. In estate law, heirs are discussed when a person dies without a will in place.
If you have no spouse or descendants, your estate goes equally to your parents. If only one of them is alive, they receive the whole amount of your estate. If you have no spouse, descendants, or surviving parents, your estate will be split equally among your siblings.
As per the Hindu Succession Act, 1965, if a person dies intestate, his property would go to Class I heirs. If the Class I heirs do not exist, then the property would be delegated to Class II heirs. However, if both the Class I and Class II heirs are not alive, then the property would be transferred to Agnates.