How Does Probate Work When There Is No Will?
How does probate work when there is no will? Min Austria Assistant at Ascent Law LLC If you die without a will, your estate goes into "probate." This means that your property must pass through an administrative system that determines who gets what. If there is no will, the laws of your state determine how your property is distributed based on certain factors. These circumstances are called intestacy. For example , if you have children, they will inherit everything (if any) if there is no will. If you have a spouse or any other family members with children, they will inherit as well. But if you don't have any living relatives at all, then your possessions get "escheated," which means they go to the state of California. There are exceptions to this rule, though. Some states allow for items to be set aside for specific individuals or groups—such as in the case of family heirlooms—and some states may also allow for charitable donations or perhaps even some cash l...