How does probate work when there is no Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How does probate work when there is no Will?
Asked on May 9, 2015 under Estate Planning, Connecticut
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Whether or not there is a Will, the assets of a deceased person (i.e. their "estate")must go through probate. Accordingly, someone will be appointed by the local probate court (typically a family member or friend) to "administer" the estate. This means that all assets will be accounted for, all creditors will be paid and all remaining assets, if any, will be distributed to the heirs. If there is not enough money to pay all creditors, they will each receive their proportionate share of estate assets and any unpaid amounts will be extinguished (i.e. need not be paid back).
Note: If an estate is small enough, then most states have a small estate procedure which is a simplified kind of probate.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.