A large percentage of adults procrastinate about estate planning. Many people put off creating wills for so long that they die without one. Unfortunately, that can leave their loved ones in a very difficult position after their passing.
After someone dies, their friends and family may check their safety deposit box and home safe for a will. If they cannot locate a will, there may be questions about what happens with their estate. What can families expect during probate proceedings if a loved one died without a will?
There are laws in place for this scenario
An estate without a will is an “intestate” estate. There is no testamentary instrument available to guide estate administration. Therefore, the probate court and the personal representative administering the estate must follow Arkansas’s intestate succession statute.
The law protects the rights of immediate family members to inherit from an estate without a will. If a married person without children dies without a will, their spouse could inherit the entirety of their estate. However, if they were married for less than three years at the time of their death, then their surviving spouse may need to split the estate with the deceased spouse’s surviving parents or siblings.
If there are children in the family, the surviving spouse may need to share the estate with the children. Children may inherit all estate assets if there is no surviving spouse. Other family members, including parents and siblings, might inherit from an estate if the decedent had neither a spouse nor children at the time of their passing.
The intestate succession law primarily protects those with provable biological or legal connections to the person who died without a will. Working with a legal professional can help ensure compliance with the law during estate administration.