{"id":1340,"date":"2022-05-27T01:00:29","date_gmt":"2022-05-27T01:00:29","guid":{"rendered":"https:\/\/law-oh.com\/?p=1340"},"modified":"2022-04-22T20:28:12","modified_gmt":"2022-04-22T20:28:12","slug":"taking-care-of-an-estate-without-a-will","status":"publish","type":"post","link":"https:\/\/law-oh.com\/taking-care-of-an-estate-without-a-will\/","title":{"rendered":"Taking Care of an Estate Without a Will"},"content":{"rendered":"

Despite the COVID-19 pandemic, caring.com<\/a> reports that overall, older Americans without wills remain the same. Remarkably, younger adults with a will show an increase of sixty-three percent compared to pre-pandemic times. This 18 \u2013 34 year old demographic is now sixteen percent more likely to have a will than those 35 \u2013 54 years old. These younger adults typically cite COVID-19 as the impetus to start taking estate planning seriously.<\/p>\n

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caring.com<\/a><\/p>\n

Dying without a will (dying intestate) or dying with an invalid will cause logistic problems, becoming financially and emotionally draining on the loved ones you have left behind. In the absence of a will to name an executor, the state will provide a list of people eligible to fill the role. Should probate court be necessary, the court will make a selection based on this list.<\/p>\n

Who Will Settle My Estate without a Will?<\/h2>\n

Typically, states make a surviving spouse or registered domestic partner their first choice. If there is no spouse or partner, then adult children usually follow next on that priority list, then parents or other closest family members related by blood. Further next of kin includes grandparents, grandchildren, aunts and uncles, nieces, and nephews.<\/p>\n

There are rare instances where the state can find no next of kin. In this instance, your assets will wind up in the state’s coffers. Suppose your heirs are more distant next of kin. In that case, they may require an affidavit notarizing them to be heirs to the estate property and further documentation requirements to transfer ownership of assets. State intestacy laws encourage reasonable efforts by probate authorities to identify heirs in the absence of a valid will or no will at all.<\/p>\n

In all cases, without a will, there must be a petition to the court to appoint a personal representative to settle your debts, final taxes, minor guardianship of children, and distribution of your personal property. In the absence of any legal heirs, the law permits the court to appoint any legally competent person.<\/p>\n

What Relationships Are Acceptable for Representation without a Will?<\/h2>\n

Each state has relationship qualification requirements for intestate succession that may not be as obvious as you think. For instance:<\/p>\n