Helotes Intestate Succession Lawyer
Intestate Succession
If someone dies without a will then the law requires an ‘intestate proceeding’ take place to distribute the decedent’s assets. This requires an ‘heirship’ proceeding in order to determine who the heirs actually are. After that an administrator needs to be appointed, either independent or dependent. The law has a formula to specifically allocate to whom the property is distributed between surviving spouses, children and other potential heirs.
“Everyone should have a will no matter How Young they are! It is so hard to navigate this without any guidance from your passed family member. Thank you for helping us get it sorted and become civil again.”
Intestate Succession Frequently Asked Questions
What is an ‘heirship proceeding?
‘Heirship proceedings’ are how the court determines who the heirs are in cases where there is no will to probate. An ad litem attorney is appointed to search for heirs you can’t find and to establish that the decedent doesn’t have more than you’re alleging. This process is necessary prior to moving on to an ‘administration’ of the estate.
What is an ‘administration’ of an estate?
The ‘administration’ of an estate is the intestate or ‘non-will’ version of probating a will. It’s the method by which the assets of the decedent are divided and given to the beneficiaries.
What is the difference between an independent and dependent administration of the estate?
An independent administration means that the administrator can act without any permission from the court. Once appointed, the administrator can dispose of the assets without any further orders of the court. A dependent administration requires court permission for all asset distribution. It is often significantly more expensive.
How long does an administration of an intestate estate take?
Unfortunately, this process can take a while, upwards of over a year if there are complicating factors. Sometimes its really hard to find beneficiaries. Sometimes certain beneficiaries contest certain aspects of the process and make it even more difficult and longer.
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