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How probate works when no Will

Sep 12, 2022 | Estate Panning, Will

Managing a loved one’s affair when they passed away is never easy, especially when there isn’t a will; probate is one of the many things you will have to deal with. Relax, it’s not as difficult or scary as you might think. Our probate specialist will guide you on what to do, and how to do it.

Get a Probate Specialist

Individuals can file for probate since everyone has access to the court system. To probate your will by yourself is a lot more complicated, especially for someone who is not familiar with the system. It can take a long time, months, or even years in some very complex cases. Simply put, you can’t get a grant of probate without a Will. Get an experienced probate specialist to make the process super fast and even easier for you.

Who is a Certified Probate Real Estate Specialist?

The state and federal law require a deceased person’s account or assets and possessions to be freeze as soon as possible if there isn’t a will.

The intestate law set out who can apply to administer the affairs with a Grant of “Letters of Administration” and usually, a close relative of the deceased such as a spouse, child, a parent will have the legal right to manage the affair. Your solicitor or your probate specialist can help you apply for a grant of administration. When you get approved as the independent administrator of the estates by a judge, you possess the legal right to access and administer the deceased’s affair.

This is also known as technically obtaining probate without a will. The administrator can now organize the money, assets, and possessions. Taxes and debts on the property are settled and distributed the inheritance according to the intestate law which only spouses, civil partners, children, and other close relatives can inherit under these rules.

Bottom Line

When there is no will, the probate process together with a court order sets in to choose a personal administrator to facilitate the distribution of inheritance. This is a legal process to settle future disputes, which the deceased family must follow. Probate ends once all taxes and debts have been paid and all inheritance passed on, and the court closes the case with a final order.

Contact Info

(215) 452-9415

150 Monument Road Suite 207

Bala Cynwyd, PA 19004

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