Walk It Through: After the Funeral
No will, a spouse and children from two families, a bank account, and ten days before an affidavit.
A man dies without a will, leaving a wife and a daughter from an earlier marriage.
Two things a person in this spot might do. Picking one shows what the law says about it.
A death with no will and a modest estate. A will, a house, and estate taxes are left out.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Statute of limitationsThe period within which a civil action must be commenced after it accrues. Tort actions and wrongful death have two years.
- IntestateDying without a will, so the estate passes by the shares the statute sets, beginning with the surviving spouse.
- Small estate affidavitA sworn statement a successor presents to collect a decedent's personal property, at least ten days after the death, where the estate is within the limit and no probate is pending.