A deceased person who dies without a will is known as someone who died intestate. He is going to need a small estate affidavit if he left less than $50,000.00 in assets excluding his homestead and exempt property. If he left more property than that, he's going to need an administration of his estate. To answer your question about the proceeds of the home, it depends on whether or not the home was community property or separate property that was purchased before marriage. It also depends on whether or not all of the children are children of the deceased and the wife. I'd strongly recommend you advise your friend to consult with a local attorney so that this man's estate is handled properly.
Answered on Oct 28th, 2014 at 6:06 PM