QUESTION
Who is required to take care of an estate if there was no will?
Asked on Apr 29th, 2011 on Estate Planning - Georgia
More details to this question:
If a sibling dies without a will, are other family members required to take care of the estate? Or can they say they don't want to be involved and walk away?
5 ANSWERS
Glen Edward Ashman
There is no requirement that a potential heir come forward to probate an estate.
Answered on Jul 29th, 2011 at 11:38 AM
Theodore W. Robinson
They do not have to do anything, unless the deceased sibling had assets that require an Administrator's deed to transfer, such as a house or a car or stocks and bonds. If its just debt, then nobody has to do anything.
Answered on May 02nd, 2011 at 10:37 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
No sibling is required to do anything, if there is nothing of value in the estate, you can simply do noting and it will be abandoned.
Answered on May 01st, 2011 at 4:31 PM
Trusts & Estates Attorney serving Camarillo, CA
at
Law Offices of Larry Webb
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No one is "required to" take care of the estate. No will is an "intestate estate". Any interested person can file a petition to administer the estate. The court will appoint the public guardian to handle the estate if no one volunteers. Do not just handle things without court authority. Consult with an attorney.
Answered on May 01st, 2011 at 4:19 PM
Sam Louis Levine
In Georgia, if someone dies without a will, they are said to die "intestate" versus "testate" in which there is a will in full force & effect. The real & personal property is distributed in accordance with State law, which typically mirrors how someone would devise their property if they had a will. That said - always better to have a will so that your property & wishes are followed exactly the way you want them to.
Answered on May 01st, 2011 at 4:11 PM