Today’s author with https://kayserlawgroup.com/ shall discuss additional Probate Help.

Yes, a probate attorney can definitely help when there is no will, and their assistance is often essential in such situations. When a person dies without a will, they are said to have died intestate, and the distribution of their estate is governed by state laws rather than by their personal wishes.

Here’s how a probate attorney can assist when there is no will:

  1. Navigating Intestate Succession Laws: In the absence of a will, each state has specific laws that determine how the deceased’s assets will be divided. These are called intestate succession laws. A probate attorney can explain how these laws apply in the specific case and who is entitled to inherit the estate.
  2. Appointing an Administrator: Without a will, the court will appoint an administrator (or personal representative) to oversee the estate. This is often a close family member. A probate attorney can help this person through the legal process of being appointed and guide them in fulfilling their duties.
  3. Gathering and Valuing Assets: The probate attorney will help the administrator identify and value all of the deceased person’s assets, including real estate, bank accounts, investments, and personal property.
  4. Dealing with Debts and Creditors: When there is no will, the estate is still responsible for paying off any outstanding debts. The probate attorney can ensure that creditors are properly notified and that valid debts are paid out of the estate before any distributions are made to the heirs.
  5. Distributing Assets According to Law: Once debts and taxes are paid, the probate attorney will help ensure that the remaining assets are distributed according to the state’s intestate laws, which typically prioritize spouses, children, and other close relatives.
  6. Handling Disputes: Sometimes, disputes arise over who is entitled to inherit, or over the valuation of certain assets. A probate attorney can represent the administrator or family members in court if needed to resolve these disputes.

In summary, a probate attorney is a crucial resource for guiding families through the legal complexities of managing and distributing an estate when no will is in place.