QUESTION

My father died and no will what do I have to do I'm Only 20 yrs old.

Asked on Feb 02nd, 2017 on Wills and Probate - Delaware
More details to this question:
There are 3 more kids under age. A brother and mother
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1 ANSWER

Maryellen Sullivan
I am sorry for your loss. If someone dies without a Will, the law of intestacy determines how that person's probate assets are distributed. I am not clear whether your father lived in Delaware.  It sounds like he was survived by four children and his mother.  If he was not married at the time of his death, his four children are entitled to equal shares of his probate assets.  Probate assets are  any assets that are in your father's name alone with no named beneficiaries.  For instance, if his bank account is just in his name and does not have a pay on death designation, it is a probate asset.  A life insurance policy that names a beneficiary or real estate owned with someone else is not a probate asset.  (Nonprobate assets go to the named beneficiary or joint owner.) Nolo.com has some basic information about probate.  You will need to start this process by filing documents in the probate court of the county where your father lived. In order to be able to transfer your father's assets, someone needs to be appointed "personal representative" of his estate by the probate court.  If his assets total less than $30,000 (deemed a "small estate") there is an affidavit from the court that can be used instead.  In any case, you will need his death certirficate and the appropriate court forms.  So, your first step should be to go the probate court in the county where your dad lived and get either the forms either to administer a small estate or for appointment as personal representative. If your minor siblings' mother is not alive, their guardianship also must be determined.  That is a probate matter as well.  Again, nolo.com has some helpful information and the probate court has the forms to get you started. This is a lot for a twenty year old to take on, I hope you have some help and support.      
Answered on Feb 04th, 2017 at 6:30 AM

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