The Probate Process for Intestate Succession
If your family is considering contacting a probate lawyer Coeur d'Alene, ID can provide, you likely have plenty of questions regarding the probate process. One common matter that many families ask about is something called “intestate succession.”
What is Intestate?
Intestate is the act of a person dying without having left behind a will. A will provides instructions about how a person’s estate should be handled after they pass away. Once that person dies, an appointed executor of the will is required to distribute the decedent’s estate to certain beneficiaries. Without a will, a person’s property and assets must go through a different probate process. When this happens, families often choose to hire a probate lawyer Coeur d'Alene, ID residents trust. In such cases, the state will usually appoint an administrator and determine how the property and assets are distributed among the decedent’s surviving dependents or close relatives.
Beginning the Probate Process
Regardless of whether there is a will in place, an application for probate must be filed with a probate court. A probate lawyer in Coeur d'Alene, ID may assist families with this process and file an application on their behalf.
There is a two-week wait period before a probate hearing. During this period, the probate court will determine whether there is a valid will in place. The court will also determine whether to open the administration of the estate.
During the wait period, a notice will be posted at the courthouse that an application for probate has been filed, allowing the opportunity for someone to contest the will or its administration if seen necessary.
After the two-week waiting period, a hearing will be held before the probate judge to recognize the decedent’s passing, and either distribute the estate accordingly or appoint someone to administer the estate.
Distribution of the Estate
State law typically dictates the distribution of an estate that does not have a will based on the survivors of the decedent. The estate is generally divided into community property and separate property. If the decedent was married and left a surviving spouse, this may complicate the division of assets.
1. Community property is any property that was acquired during a marriage. If the decedent was married, then the spouse will inherit all of the community property given they had no adult children. If the decedent had adult children, half of the community property will go to the spouse and the other half will go to the children.
2. Separate property is any property that was either acquired before the time of marriage
or an inheritance obtained during the marriage. If the decedent was married with adult children, one-third of the separate property will go to the spouse and two-thirds will go to the children
3. If the decedent had no children, the entire estate will go to the spouse.
4. If the decedent was not married and did not have children, then the estate will usually be divided among the next of kin, such as parents or siblings.
A probate lawyer Coeur d'Alene, ID has to offer may provide additional information regarding property laws as they apply to your family’s situation.
Contact a Probate Lawyer Coeur d'Alene, ID Families Count On
Without a will, a person’s estate might not get distributed the way that person would have wished. As a Coeur d'Alene, ID probate lawyer could attest, it can cause legal and personal issues for loved ones of the decedent. If your loved one has died and you are facing probate, it can be helpful to speak with a probate attorney. They can offer the necessary guidance and help navigate the probate process. To meet with a probate lawyer Coeur d'Alene, ID trusts, contact the Bendell Law Firm today at (208) 215 2255.