What happens when someone dies without a will?

When someone dies without a will, it is known as dying intestate. In West Virginia, state law dictates who is eligible to receive the deceased’s assets through the courts. This process is known as probate, during which the court may appoint an executor to manage the deceased’s assets. First, the court determines who the deceased’s immediate family members are, such as a spouse, children, and parents. If the deceased has a spouse or children, they are typically the ones who will receive the assets. If the deceased does not have a spouse or children, then their parents may receive the assets. If the deceased does not have any immediate family, then the closest living relative may receive the assets. If the deceased had any debts, those would have to be paid out of the assets before they are distributed. If there are not enough assets to cover the debts, then the debtors cannot collect any money from the family of the deceased. It is important to note that creditors must file a claim with the court within a certain period of time to be able to receive payment. Once all debts are paid and assets have been identified, the court will distribute the remaining assets to the appropriate family members. There are often complexities that arise in the probate process, and it’s best to seek advice from a lawyer or financial advisor to ensure that the process is followed properly.

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What happens when someone dies without a will?

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