Not everyone who passes on gets the opportunity to prepare a valid will before they do. But what happens when the deceased did not leave any will behind to secure the apportioning of his properties? Another term assumes there is no valid will on the ground. This article will discuss in detail what intestacy is and how it is applied in such cases.
What is an Intestacy?
Intestacy is a term used for the situation where a person dies without leaving behind a online will. The person is said to die intestate. Since the online will would have stated what is to be done with the person’s will and who gets what, the intestacy steps in to perform the same function. It is not a complicated term, nor does it require interpretation. The state’s intestacy laws assume the responsibility of apportioning the deceased property where there are no wills.
However, this law varies from one state to another, but there are general terms that combine them. For instance, most state laws agree that any property under the intestacy should be passed down to any surviving spouse or children. But the equation is often not as simple as that sounds. For example, what if the deceased has no surviving relatives or requires a complicated legal process to establish some deserving family members?
It becomes the responsibility of the state to determine the best beneficiary for the property and begin the distribution as stated by the law.
The responsibility of the state
Executing a will could be a simple process when all the expectations are met but managing an intestacy could be dicey. When there is no will to direct a state on how to distribute the deceased’s assets, then the state must use the intestacy. The first intestacy process is transferring total support to the state. Then the probate court assumes the process of determining the best beneficiaries to gain the assets and possessions.
At the same time, this process may be extended, stressful, or even emotionally draining for the grieved ones. But the intestacy laws are still the best tools to distribute the deceased’s assets most reasonably. Note also that the state cannot entirely use the prerogative to share the assets precisely the way the owner would have wanted. What brings the situation is the fact that the owner never made a will ahead of his death.
In other words, dying intestate may leave out your loved ones in dire need, a decision you may not have wanted. Also, describing one’s wishes without putting them on paper as an official will is simply a recipe for disaster after the person’s departure. No matter the level of understanding the deceased’s family may want to produce as proof, the probate court will choose the intestate path if there are no wills created online or physically.
Meanwhile, the probate court can also be emotionally draining, taxing, time-consuming, cost-sapping and stressful for any loved one. The legal costs and the financial burden of the probate court are reasons why some people will never pick that option. The entire expenses of this procedure will be deducted from your estate assets before the rest are handed over to the beneficiaries. Ultimately, whoever gets the property does not get it in full.
Escape Intestacy – Get a Will online
As we have discussed intestacy and its use, you should have gathered that it is an avoidable case. If intestacy is what comes into the picture if a deceased does not leave a will behind, then the number one solution to prevent it is by creating a Will. Some people find it quite upsetting to talk about what will happen after their death. But for your loved ones that you want to protect, then do it.
Dying intestate can leave these loved ones in a more difficult position than you would have thought. Intestate is not only capable of birthing some very frustrating legal consequences, but it can also lead to conflict within the family of the deceased. Many family members will disagree when they learn that the deceased did not leave a will behind. Each people may begin to vie for some of the assets. Even when the state finally rules, some of them may still disagree.
On the other hand, other people will take the matter up with the probate court to interfere with the judgment or dispute them. If you don’t want any of such drama when you depart, you should make a will as soon as possible. Moreover, you don’t even have to start by sitting with an attorney and dictating a draft. All you have to do is visit chamberlains and begin to draft a will immediately. We can guide you with some templates that will further make your journey smooth.
After drafting wills online and you are satisfied, you can submit it for review and get an approved copy you need to sign. Signing a will before two valid witnesses and your attorney makes it a legally binding document. Most wills no longer require legal assistance unless you have a very peculiar case. Otherwise, you can use the do-it-yourself approach to secure the process.
If you do not want your loved ones to suffer after your departure, you should secure them with a legal will. The document is binding by state laws. And any illegal interference from anybody who is not a beneficiary or a stakeholder in the process. It also gives the testator peace of mind that the loved ones are always protected. If you don’t prioritize anything, prioritize creating a will, and you can start online today.
Your responsibility as an author of a will is to create wills that will secure your assets and properties after your demise. The way you take to achieve this is also up to you. But if you fail to take the step and depart, the state will step in to apportion the properties any way they see fit. But it will be too late for you to make any adjustments, won’t it?