What If There Is No Will?
Although it makes the probate process somewhat easier, a decedent does not have to leave a will in order to probate their estate. In this situation, “Law of Intestacy” comes into effect. This law is the order in which a decedent’s descendants of heirs fall in line as next of kin to be appointed over the decedent’s estate. This law of descent is as follows:
1.) Husband or Wife
2.) Daughter or Son
3.) Mother or Father
4.) Sister or Brother
5.) Granddaughter or Grandson
6.) Niece or Nephew
7.) Cousin
*Note: Because each of these situations requires a slightly different approach, it is always best to contact the probate office prior to your arrival.