The process for administering an intestate estate presents challenges not found in estates where there is a will. If faced with the death of a loved one who did not have a will, the first thing you should do is consult with an experienced Cary estate attorney who knows how to handle intestate estates.
Attorney Hank Doyle and his firm have been helping people overcome these challenges and assist in this situation for more than 20 years.
Estate Without A Will: Intestate Succession in NC
According to some estimates, over 55% of Americans today do not have a Last Will and Testament or any other kind of estate plan. Having a will or other estate plan in place is one of the most important things a person can do to protect their families.
What is an Intestate Estate?
An estate with no will, where the decedent dies without a will, is called an "intestate" estate and is settled through intestate succession. Unfortunately, since so many people never get around to having a will prepared, their loves ones are left to deal with the administration of the intestate estate.
What Do You Do When Someone Dies Without a Will?
There are specific procedures that have to be followed to administer an intestate estate. These procedures identify who can qualify as the administrator of the estate and who qualifies as an heir.
The law also stipulates the way in which the decedent’s assets are distributed. It does not matter what the deceased person may have wanted or who “deserves” or does not “deserve” to share in the inheritance. The hierarchy of who inherits and what percentage they inherit is based solely on kinship ties. No other factors are relevant and the intestate laws are mandatory for the administration of such an estate.
It's easy to see how many families and loved ones could be unhappy with the results that intestate estate administration would produce.
Our firm is dedicated to the needs of families facing an intestate estate administration. Some families just need some general guidance with estate administration procedures and paperwork. Others face difficult legal challenges that require extensive representation. We take the time to listen to your needs and the unique circumstances of your family.