Walk It Through: No Will and a Bank Account
A death without a will, a spouse and children from two marriages, and a small estate affidavit after 30 days.
A man in Seaford dies without a will, leaving a wife and two children, one from an earlier marriage.
Two things a person in this spot might do. Picking one shows what the law says about it.
A death without a will, with a small estate. Real estate, debts larger than the estate and a contested heir are not worked through here.
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.
- IntestateDying without a will, so the estate passes to the spouse and family in the shares the code sets.
- Register of WillsThe county office where a will is delivered within 10 days of learning of the death.
- Small estate affidavitA way for family to collect personal property of $50,000 or less without a personal representative, after 30 days.