QUESTION
What happens to the estate of a person who dies before his will has been completed?
Asked on Apr 13th, 2011 on Estate Planning - Arkansas
More details to this question:
What happens to the estate of a person who dies before his will has been completed?
8 ANSWERS
Shadi Ala'i AlaiShaffer
Depending on the size of the estate it will go through Probate Court.
Answered on Jul 31st, 2011 at 6:22 AM
Glen Edward Ashman
He dies intestate, with no will, and the state makes his will for him. Who inherits is decided by state law, and the cost of probate escalates over an estate with a will.
Answered on Jul 30th, 2011 at 9:58 AM
If there is not a previous/unrevoked will, then the estate will be treated as "intestate" and the assets/debts will be handled pursuant to the statutes.
Answered on Jul 30th, 2011 at 9:46 AM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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The person dies intestate. There is no "almost a Will".
Answered on Apr 18th, 2011 at 9:33 AM
1 Award
If a person dies without a will, their estate will be subject to the laws of intestacy (and if the estate has assets valued at more than $100,000 the estate will be subject to probate) whereby the surviving spouse typically gets the estate, followed by any living children, then parents, then brothers and sisters, nieces and nephews and so on.
Answered on Apr 18th, 2011 at 9:32 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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If the person does not have a previous will, then they die intestate and the state statutes define who receives his property. Generally it will go to spouse and or children then to parents then to siblings then to nephews and nieces.
Answered on Apr 18th, 2011 at 9:31 AM
Theodore W. Robinson
The estate is dealt with as if the person had no Will and is distributed according to the laws of the State. Good luck.
Answered on Apr 18th, 2011 at 9:25 AM
Family Law Attorney serving Little Rock, AR
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Tammy B. Gattis Attorney at Law, P.A.
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The estate is probated by state law instead of by the wishes set forth in a will.
Answered on Apr 17th, 2011 at 5:35 PM