Walk It Through: The House With No Will
A death without a will, a spouse and a child from before, a small bank account, and land by affidavit.
A man dies without a will. He leaves a wife and a grown son from an earlier marriage.
Two things a person in this spot might do. Picking one shows what the law says about it.
One estate without a will. A will contest, a business, out-of-state property and a Medicaid claim against the estate 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 valid will. The estate then passes by the order the code sets: the spouse first, then descendants, parents, and on out.
- Personal representativeThe person appointed to settle an estate. No appointment proceeding may be started more than three years after the death, apart from narrow exceptions.
- AgentThe person a power of attorney names to act. An agent acts in good faith, within the authority granted, and in the principal's reasonable expectations or best interest.
- Small estate affidavitA sworn statement that lets a successor collect a small estate's personal property without probate, once the waiting period has passed and no representative is appointed.