Starting a probate case without a will
LIST Code: ES-02-02-01-00
LIST Code
ES-02-02-01-00
Title
Starting a probate case without a will
Definition
Legal issues related to beginning a probate case when a person dies without a valid will. This includes understanding who has authority to open the estate, how an administrator is appointed, and how assets are distributed under intestacy laws. This issue covers situations where a family member wants to start an estate administration process but no will can be found or the deceased did not create one. It includes determining who is eligible to petition the court to be appointed as administrator, what documents are required, and how to notify heirs and creditors. The absence of a will changes both who is in charge of the estate and how property is distributed. It also includes understanding how state intestacy laws determine heirs, how debts and taxes are handled, and what court procedures apply. Legal questions may involve priority among relatives to serve as administrator, disputes among heirs, handling real property, and whether simplified or small estate procedures are available. Rules and processes vary by jurisdiction. Includes: - Opening probate when no will exists - Petitioning to be appointed as estate administrator - Distribution of assets under intestacy laws - Notice requirements to heirs and creditors - Handling debts and estate obligations without a will - Resolving disputes among family members in intestate estates