People use their wills to outline who should inherit their property. They may nominate specific beneficiaries to split their estates. Instructions to allocate specific assets to certain people are relatively common. Wills also help people designate someone they trust to manage estate administration and to serve as the guardian for their children if they are parents. Despite how important wills typically are, many adults do not have one.
Who inherits the property of a person who dies before they create an estate plan?
Family members typically inherit
The frequency with which people die without wills is high enough that state law has long addressed the distribution of property in the absence of written guidance. The familial status of the deceased party influences who inherits.
If they have a spouse, their spouse typically inherits a significant portion of their estate, if not all of their estate. If the deceased party had children, the children have a right of inheritance that influences how much the surviving parent inherits. Surviving children can also inherit the entirety of the estate in cases where a person has offspring but no spouse.
If the person who died has neither children nor a spouse, then their parents, siblings or other family members may inherit their property. In some cases, personal representatives may need to search for prospective errors when there are no immediate family members to claim the right of inheritance.
Working with a probate and estate administration attorney can help concerned family members understand their rights when someone dies. An estate plan can designate people as beneficiaries, but without documents, only those legally acknowledged as heirs can inherit.