If someone has no Will when they dies, what happens?
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If someone has no Will when they dies, what happens?
Asked on February 18, 2017 under Estate Planning, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If someone dies and doesn't have a Will, then they are said to have died "intestate". In such a case, the intestacy laws of the state in which the deceased was domiciled at the time of their death controls. Generally, a family member or close friend will make an application to the county probate court to be appointed as the "Personal Representative" of the estate (this is like an executor when there is no Will). Once appointed, that person will administer the estate. This means that they will pay off bills/debts, maintain estate assets and ultimately distribute those assets to the heirs.
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