What is the process of inheritance if there is no will or trust?
What is the process of inheritance if there is no will or trust?
When a person passes away without leaving behind a will or trust, there are a few steps that you can expect in terms of inheritance.
First, the court must determine who is legally eligible to receive the estate. This means checking whether the deceased left behind children and/or spouse who could inherit the property.
If no such people can be found, then perhaps an heir can be found through blood relatives. For example, if an uncle was very close to his niece and she had no other family, he may become her heir.
In general, this process becomes fairly clear-cut within a family. However, for anyone who isn't related to the deceased by blood or marriage, the process could take longer and be more difficult.
For example, if your best friend passed away and you wanted to claim their estate, but they left behind both a spouse and parents who were alive at the time of death, you might have to go through legal proceedings against those individuals before being awarded your friend's assets.
In addition, if this friend had children from a previous marriage—who were also not related to you by blood or marriage—they would also be entitled to inherit some portion of the estate.
If you have any questions or in need a Will and Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
