What happens if I die without a trust?

If you die without a trust in Delaware, your estate will still go through the probate process. Probate is the legal process of transferring property and assets from a deceased person to their heirs or beneficiaries. When you die without a trust, the estate will be subject to Delaware’s intestacy laws. These laws determine how the estate is divided up and distributed to the surviving family members. For example, without a trust, the surviving spouse and any children of the deceased person will typically receive the estate. Any property owned by the deceased person will go to the spouse first and then to the children. However, if the decedent did not have any surviving spouse or children, the assets will go to the next closest living relative or their designated beneficiaries. In addition to dividing up the estate, probate can also be used to make sure all debts and taxes associated with the estate are taken care of before it is distributed. A court-appointed executor will be responsible for handling the estate finances during the probate process. Without estate planning, a probate process can be time-consuming, expensive, and complicated. This is why it is important to consider making a will or trust before you pass away. Having an estate plan in place can help save time and money while ensuring that your wishes are followed.

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