If a person dies without a will, then his or her estate will be distributed according to a formula set out in the law. How the assets are distributed will depend on the deceased’s family situation. For example, if the deceased had a spouse and two children, then the first $300,000.00 of the estate, plus all household furnishings, will go to the spouse. The remaining portion of the estate will then be divided equally three ways between the spouse and the children.
In order to distribute the estate of an intestate person, a family member of the deceased person will usually apply for a grant of administration. This is basically the same thing as a grant of probate, except involving different court forms and without a will to file. Administrators, like executors, have significant duties. The job of being an administrator can become particularly complex where the deceased had a complex or blended family involving children from multiple marriages.
If you are planning on applying for a grant of administration, it is highly advisable to speak with a lawyer first. ATAC LAW’s experienced lawyers are here to help you with this process and make sure that all procedures are followed to the letter of the law. Call us today for your initial consultation.
