What happens when someone dies without a will?
When someone dies without a will in New York, their property is distributed according to the laws of intestate succession. This means that their property is divided up according to the intestacy laws established by the state. These laws generally give preference to close family members such as spouses, children, grandchildren, and parents. If there are no relatives, the decedent’s assets will go to the state. The estate will need to go through the probate process, which is the legal process of administering the estate of a deceased person. The probate court will appoint an executor to manage the estate and distribute the assets to the rightful heirs. The executor will also be responsible for paying any debts that the decedent had and distributing any remaining assets to the rightful heirs. Since it is important for all assets to be divided properly, it is sometimes a good idea to create a will even if you do not have many assets. The will can clearly state how you want your assets to be distributed when you pass away, making the probate process much smoother.
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