How Probate Works When No Will

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When someone dies with assets in their name - and they left no last will and testament, there are certain probate procedures that must be followed to have the deceased's estate transferred to the appropriate heirs.
The following are steps that are typically followed in order to handle the intestate probate:
(1) Determine the heirs under state intestate laws;
(2) Evaluate assets and debts of deceased;
(3) Petition the court to appoint an independent administrator;
(4) Court issues Letters of Independent Administration;
(5) Estate obtains Tax ID#;
(6) Independent Administrator opens estate account;
(7) Independent Administrator moves financial assets from frozen accounts to estate accounts;
(8) Independent Administrator pays bills of deceased and of estate;
(8) Independent Administrator sells deceased's assets that need to be sold;
(9) Probate attorney prepares inventory of assets and debts, and other required pleadings;
(10) All heirs sign off on the court pleadings and petition to close the probate;
(11) Probate lawyer files final court pleadings;
(12) Judge signs Order requiring assets to be transferred to intestate heirs;
(13) Remaining estate assets transferred to intestate heirs.
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: go.oncehub.com/Paul8
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: [phone]

[@LeppieLaddie]

I just finally got done with Probate. Never again. I have never been so stressed in my entire life. I was thankful when I got my discharge letter from the judge. 15 months of pure HELL! So glad it's finally over! Thank God!

[@leeanncornell8305]

Hugs. In the middle of hell in NY

[@leeanncornell8305]

It goes.

[@leeanncornell8305]

It seems it will never end and live in Maryland with Mom in NY in nursing home with both her home and brothers home.And have to pay taxes ultilities etc of both homes and Squatters in Mom's home etc. On and on

[@LeppieLaddie]

@@leeanncornell8305 I know it seems like it goes on forever. I wish you the best of luck with your probate too. Mine thankfully wasn't too complicated except for the creditors. It took forever to close it though the courts were dragging their feet. I know you'll be glad when it's over too.

[@chrisdidonna7386]

When my dad died my sister and her daughters were like vultures, descending upon the property and grabbing everything of value.

[@jyllian92]

It’s sad how much people don’t realize that the material things are replaceable but the loss of the loved one is not.

[@jyllian92]

😢

[@karissagallaher3382]

Thank you for posting. My dad died suddenly March 2021. No will. House in his name only and purchased before he remarried. I now received all this paperwork about probate in the mail. Trying to make sense of it all.

[@hawke4395]

What happened to the house? Dealing with the same issue. Stepmom wants to sell it and take the proceeds. She is such a terrible woman.

[@jyllian92]

It’s a very confusing situation and the fact that some attorneys don’t have time to back it down for a person who doesn’t have a clue sucks😢 KZbin is my go too.

[@sodapopibc2]

My wife passed away in early 2021. For me, the probate process was extremely stressful and confusing. I wish I had gotten a lawyer because to do it alone with family was exhausting.

[@TomokoAbe_]

It's a legal mess. EVERYTHING is tied to laws and MONEY. You may also have discovered your own family, especially your in-laws, will quibble and fight over assets.

[@nicholasvarro7382]

Great information! Thank you for taking the time to make a video and share this.

[@onetruth4295]

Thank you so much for making this video! I'm grateful that you took the time to explain the process through a very clear and easily understood example. I know that your generosity will come back to bless you in future. All the best!

[@SkeensSeattleUSA]

You are doing a great job providing basic to the public. It’s very hard to grieve the loss & do administrative work for the estate. My sister had no WILL or Advanced Directive. She had a house & two minor children! Nightmare!

[@lindanorris2455]

YUP! MY FATHER AS WELL! MY BROTHER CHAS CLAIMED FOR 5 YEARS HE WAS THE ONLY HEIR! TOLD EVERYONE, THERE WERE NOT HEIRS BUT HIM! PROBATE DOES NOT GIVE A CRAP ABOUT ANYTHING OR THE HEIRS. THERE IS NO COMMUNICATION BETWEEN THE HEIRS AND PROBATE. NO HELP AT ALL.

[@jodydietz3948]

@@lindanorris2455 Did your brother steal everything then claiming he was the only heir?

[@shackelfor1993]

My mother is currently going through this. It is definitely a nightmare. My condolences.

[@dani323]

@@lindanorris2455'm sorry. It's our parents that screw things up by thinking sticking their heads in the sand like a bird 🐦 things magically get done! Now we know we inherit their mess too!

[@Vera4962]

I was administrator for my Mom's estate and even with a will, it took 2 years to settle due to infighting in the family. Probate is horrible and takes forever. I would not do it again as I was working full time and working on estate business when I was not at my job. Now, I know more and thanks for the info as I didn't know what I was getting into. Finished it though and right to the penny, it was correct. Thanks again for all your help.

[@salahudinstanford]

I have some questions, is there anyways I can contact you?

[@Utubin]

@@salahudinstanford Did you ever find anyway or anyone to contact. I'm needing to find a lawyer in Ga who can help settle my dad's no will small estate. Thanks

[@energylady9409]

@Nicole Eddy are you a estate attorney? I need help with my deceded dad's estate?

[@mendoblendo321]

How is it going now? I'm dealing with a similar situation now

[@lobomedina6312]

Was a live-in caregiver for a dear friend who passed this last Tuesday, Valentine's Day. Intestate. Her 2 grandkids and their friends swarmed like locusts, started removing her valuables before her poor body was removed. They're not even her legal heirs, as she has a living son who I was unable to contact immediately as the last cell phone number isn't in service. The next day they brought a truck and hauled off her antique furniture and heirloom china. Tried to tell them they needed to back off, but they acted as if they were the authorities, and even had the temerity to give me a verbal 90 days notice. Her lovely home looked like it'd been hit by a cyclone. They even took the metal bins where we kept our garden tools. Part of my grieving process has been trying to make some order out of chaos. Needed to vent.

[@sherip1270]

Thank you. I really appreciate how you give us a great example case. It fit our situation perfectly.

[@angelavitulli6994]

Wow you made this probate process understandable 👏 and step by step informative. I live in New York State and am looking into this very same issue. Thank you 😊

[@patriciastratton7477]

Ty for your time and sharing your knowledge!

[@tonyafondrenmyjourney]

Thank you I'm currently going through probate court now .

[@meloniemcdowell8926]

Thank you for making this process understandable. As I am trying to do this process on my own, with a parallel drawing up the paperwork for me. I really had no clue what it is I’m doing. So this is definitely helpful. Bless you❤

[@lailaatallah1857]

Fantastically helpful! I hope you’ll do more similar videos in the future. :-)

[@jayaghoorah9515]

Thank you for all your videos. They are very informative.

[@robstranger.1]

I will use this info. to interview attorneys for probate. Thank you!

[@srolli7528]

Thank you sir for this information. It was definitely helpful.

[@renesantana5731]

Had a similar issue when my dad passed. We have not had any help from local attorneys. I could use your help and directions as my siblings and I have hit a dead end once again from recent attorney.

[@spellru23]

Thank you, this was excellent advice.

[@foxslayer321]

Thanks again for your time

[@kokobadazzsmith6531]

Thank you for this, it is a huge help

[@amyc5312]

Thank you for your content! I am about to graduate becoming a funeral director so these videos really help break down the processes that I need to be familiar with!

[@kathy13volpe]

The same thing happened to us when my 95 yr. okd mom died last month, but fortunately 2 weeks after she died I found her will stuffed in a bag behind her shoe rack in the back of her closet. WHEW ! She named me as executor of her will & things went smoothly after I found the will.

[@ericAlohaMoanaWaves]

wow good luck.!! i haven’t found a will for my dad…

[@lynnmcmillian5137]

Thank You For Your Service

[@normanmayer5209]

I'm a volunteer here in Canada who does tax returns for lower income clients. From time to time I get a client whose spouse has died. The final return can be prepared and filed no problem. The problem arises when the refund cheque arrives made out to the estate of the deceased. Some banks will not cash it as there is invariably no will. The advice I have received from both a lawyer and a retired Canada revenue agency employee is to advise the spouse to deposit it in a bank machine as long as it accepts envelope free deposits. Unless someone contests this it will invariably go through. Perhaps not legal but usually the refund is less than the cost to have a lawyer prepare the documents to have the court appoint an administrator.

[@davisgailitis]

I'm going through this right now. Non US citizen US based Estate Sole Kin No Lawyer (can't afford) Am Court approved Administrator Still at beginning stages of Probate. It has and is an interesting learning curve, massive bumps in the road for procedural approvals due to not being a citizen of the US (left with feeling that Gov does not want to make it easy to apply for things as a foreign citizen, as example EIN number required to create an Estate account... for a US citizen can do online and immediately get one, within time it takes to fill out form. Even at its fastest will be minimum 2-4 weeks to get for me) One of the things that has bothered me through all of this is the business of and cost of Death. It's pitiful. One of the reasons I took this on was to close the book properly on the life of an 84 year old disabled vet that for his full life has given to his country by way of taxes etc and was poor. The last thing wanted was the Gov to get their last things in life. The eye opener for all of this is imagine if the inherited was poor in this situation. They would never be able to afford the cost of Death ie the cost of Probate, costs of filings when in probate, costs of lawyers, costs of assessors for assets, costs of death certs. Costs of approval paperwork, costs of funeral etc etc etc Its like the system wants the gov to get what is left, like beating a dead horse with a stick

[@williamlouie569]

The system still want their pound of flesh where there's none left!

[@CalicoRegent]

This is completely insane. This disgustingly corrupt system needs to be removed from people’s lives.

[@captainkrunch6372]

It's all set up by lawyers to keep lawyers in the money, got screwed out of my mother's inheritance by step brother WTF disgraceful.

[@thegreypath1777]

You don’t know insanity until you let people do whatever with property.

[@pachucotirili]

Seems beurocratic and burdensome, not corrupt

[@livefreedom1776]

@@pachucotirili till you get ripped off that’s what everybody says

[@lobomedina6312]

@@thegreypath1777 Exactly. For last 10 years have been a live-in caregiver for a dear friend who passed away this Valentine's Day. Her grandkids and their friends swarmed like locusts, removing her valuables before her poor body had even been removed. The next day they brought a truck and removed her heirloom furniture and china. They are not even her legal heirs, as she has a living son who is living outside of the US, was unable to reach him. I'm beside myself with a mixture of grief and anger. Sorry for the rant.

[@tabai-iu4nq]

Thank for making this so informative video.

[@dadyarusski4594]

Thank you so much!

[@pipilnipaolo]

Thank you for this information. Can you make a video for procedures for foreign beneficiaries and the deceased also had no will?

[@1koolies]

Thank you for your help.

[@clairem3543]

Thank you very much for the education 💕

[@americasestateplanninglawy1946]

Glad you’re learning Claire 😍

[@kelseecantu1541]

This is a great video thank you so much for making this!!😃🏡

[@pahrahinc3895]

THE Mrs. says: Funerals and burial plots are so expensive, I maintain that when someone dies with so many loose strings that a Cremation should be the way to get that out of the way and get on with the business of closing out an Estate, the cheaper you can legally get that Estate closed the more money there will be left over for the heirs to help them get their lives going again.

[@NYCisland]

Most deaths are cremations nowadays though they aren't cheap either as funeral homes have found ways to gouge you for this too. The person should say how they want their body to be handled upon death and set aside money for it. Take a look at several funeral homes near you and ask about costs for cremation and secondary expenses.

[@iAmShenaG]

Very helpful information. Thank you. My grandfather passed away in 2016 and did not leave a will for his 5 children. My father - my grandfather’s son, passed away years ago so I was next in heir to be included in this process. Because my grandfather owned several properties throughout San Francisco that he rented out and some were vacant we had to go through probate. The properties sold rather quickly and distribution was released within 2 years (2018). We appointed my uncle as the executor of the estate and he communicated directly with the estate attorney and he handled everything accordingly. I’ve had to work so hard for everything I have and never imagined that I’d be apart of an inheritance worth millions of dollars.

[@stephancharles7165]

Condolences and congratulations to you at the same time.

[@iAmShenaG]

@@stephancharles7165 Thank you :)

[@kaylab5866]

Lucky ducky

[@rekoj7524]

Thank you for this video. My father passed without a will so this was very helpful. Me and my sister are on the same page so this will go easy

[@americasestateplanninglawy1946]

I’m sorry for your loss. I’m glad the video helps.

[@rekoj7524]

Thank you. Now the fun starts he had no property and totaled his truck in the accident so property is not an issue

[@captainkrunch6372]

Lol, I doubt it

[@sherriekoberevans3204]

Helpful

[@angelamc3532]

@@americasestateplanninglawy1946 So my parent did have a will but sense entering the Nursing home, The house is now in my name, I am the owner now and have been for about 3 years. My parent is still in a nursing home. My name and their name is on the checking account where I write a check each month for her nursing home bill. I Dont think i need to do a Executor of the Estate, sense I now own the home and my name is already on the checking account and there are No Other assets ....correct??

[@ChrisSmith-gp1dj]

Thank you!

[@user-zh6lg6uf4j]

I was looking up something else, saw your video, heard it, liked it. There are so many things to know. I'm in another State, so I'll have to compare what is and is not legal here . Our Co-Will is irrelevant now. Gotta redo one. Thank You !!! 3/19/2024

[@Teee100]

so very helpful..thank you

[@rnrvietle739]

Thank you!!!

[@jsdpe1200]

Sir, thank you for sharing your knowledge, you alone are a light of hope to the people who never experienced this process.

[@justyoung5785]

Thank You. This vlog is very informative.

[@jimbillproductions7248]

thank you so much!

[@HilariousHyena]

Thank you very much

[@myghoulishheart]

much much appreciated!

[@wishing_starr]

this helped a lot. Thanks.

[@anothersoldbyaj2984]

Good info- thank you

[@lifeisart8120]

Thanks for a wonderful video channel. It has been such a wonderful reference to get advice. Can I do a beneficiary of deed online to keep my house out of probate (even though my child gets all my assets), or do I need to have my attorney do it? I live in Colorado. Do I need to do separate beneficiary of deeds for each property I own even if property is in another state?

[@janabuchheit3389]

What about the personal items and valuable collections that are in the home, where does that go? Thanks for sharing, I'm working on my will currently, there is lots of valuables within the home, do they have to be in the will?

[@gerrimiller3491]

Hi there, can you please inform me as to what happens when the probate estate doesn't have enough funds to pay the deceased debt?

[@walkinthepark3483]

This was really great information I wish he would have touched on if Al and his siblings did not get along and all wanted to be the administrator or if they all wanted to own the property.

[@diane-countryhut]

- in Florida - if siblings didn't get along - the eldest of the bunch is normally appointed by the court - also in Florida -- step children are included as heirs - and whomever is the appointed by the court as the representative of the estate - better have deep pockets --- cost us over 8K for attorney - court and mediator fees - of course the estate paid those funds back -- but that only comes at the end of the process or closing of the probate

[@NYCisland]

There are other videos on that from other KZbinrs. The situation you describe is horrible but not uncommon. It will be very $$$$ for everyone and will likely wipe out the very estate everyone is fighting over. Only lawyers win in this situation. Each person will have to get their own lawyer and start fighting legally. It can take years. Absolutely insanity. And this is why these things need to be done when the people are alive but somehow too many think they won't die or will somehow get around to it, or some other insane idea. Or they know their kids hate each other and don't want to deal with the pain when they're alive.

[@LGM4]

You're the man! Great clear information.

[@skywalker39100]

Exactly what I'm going thru in Maryland, My Dad Leroy Worsley Jr died without a Will in Maryland. So I had to go to Prince George's County Registry of Wills at The Courthouse. My Youngest Half Sister did the same. Now it goes to Probate Court in Maryland. Stay tuned.

[@chittalkstudio]

May I ask for a update, sorry for your loss ❤️🙏🏽

[@skywalker39100]

@ChitTalk Studio Thank You. Sure, So far Prince George's County Registry of Wills, Move slow. Still waiting.

[@mendoblendo321]

Updates?

[@dani323]

Thank you so much! Simple. Concise. This should be part of a marriage license package. Along with the retirement plan and divorce information. Inform decisions would make courts proceedings less scary; and less disadvantageous for the majority of the population. Thanks again!

[@schawnettarobinson8584]

It’s a nightmare. Great video. Thank you so much.

[@Mrs.TJ516]

Yes it is I just started the process 😕

[@schawnettarobinson8584]

@@Mrs.TJ516 Please keep me updated.

[@Mrs.TJ516]

@@schawnettarobinson8584 I will my Dad passed unexpectedly he remarried in 2006! I am his only child and they have no child. I have not spoken to her since my Dad passed. I just want to know where is ashes are she is probably upset because her name isn’t on anything. Thank you for your support 💕💕

[@patriciagrattan3452]

Thanks

[@yoshimra]

You didnt go too fast. I understood it as it went. Very well explained.

[@mettamorph4523]

well bully for you, you get a gold star. he did explain well. I am still beyond frustrated because I do not know when a small estate petition is allowed. if the only asset is a house, and the deceased is otherwise insolvent, can a small estate petition be used. still searching for that answer.

[@cute2neko]

This is great info please make a video on how to do a will and how to assign an administrator so that if i die everything goes smoothly hopefully

[@cute2neko]

I mean obviously there will be sadness and sorrow but i mean i don't want my family to go through all that paper work if it can be avoided it

[@elizabethbatten9432]

Thanks.

[@shoreseniorliving]

Hey Paul.. Do you have access to Death Index records for PRE-Probate data (w/ property data verified and skip traced already)?

[@Kashikoi82]

This is some good info going though the process right now

[@darronreed6703]

My ex-wife remarried and pass and she never refinance the house and didn’t have a will and my name still on the lease and the new husband want refinance the house.. what can I do

[@caileighgouthro1365]

Am going through something similar here too.

[@grandmajane2593]

Gosh, that's a lot of work. I remember when my father died, it about 3 years before everything was settled. It was frustrating. He had a will but it was a handwritten one, so there was a problem about that. Plus his wife made herself scarce. She had to be hunted down like a dog.

[@joesewsanker5604]

Thank you for being an professional!

[@fastertoday2]

Can I enter into a Sale and Purchase contract with the other beneficiaries to buy out the house at a future date before the estate is formed?

[@78tag]

Lawyers, the State, and judges are all in the same cruise liner and we're all in the lifeboat hoping we can make it to shore! This was a very good description of the process and this was only if there aren't any complications with the finances, debts, investments, real estate, and or family/partnership contentions. Watch out for the lawyers!

[@scottmiller4859]

Amen to that, my brother got an "estate" attorney or so I thought. Then my brother proceeded to tell everyone he wasn't using the lawyer except tk transfer the property to me. As everyone agreed the $10,000 home wasn't wanted by any of my brothers. Really at first they admitted to knowing my father wanted me to have it, Which he did. But they said it was unfair to do it that way because I was getting more than everyone else. Which wasn't correct. Then the estate lawyer refused to talk to me and attempted to get the home on the market without even speaking to me

[@scottmiller4859]

Been close to 20 months. This was the simplest estate ever and law says we can only divide it evenly. I expressed my intent to buy them out and they just keep saying they dont want me to buy them out... never saying what they want

[@leeanncornell8305]

Going through hell right now with Brothers estate. No will no life insurance. Mom has dementia and ex wife on deed and dealing with Moms home Squtters and in NY with Covid and paying all taxes ultilities lawyer etc on both homes and live in Maryland. A nightmare

[@b.g.5129]

@@scottmiller4859 wow! They just didn't wanted you to have it. My father gifted me his 20 year car, but he didn't sign it over. He just said keep it for yourself. Would it be included in his Estate?

[@lindanorris2455]

THE LAWYERS WHO ADMINISTERED MY FATHER' S ESTATE WAS FILLED WITH SNAKE OIL!

[@santiago4744]

What to do when you cannot get paperwork from the county the house us in they have no packets for diy like all the other counties across U.S. please advise.

[@kickliquid]

Great info

[@SusieAspen]

My friend's complicated husband died without a will and numerous assets in Arizona and property in Oklahoma, needing to hire an attorney there to do something, too. He even had $700 in rewards on his credit card and the wife couldn't get it, due to first wife's claim for grandchildren, who will get half, eventually.

[@scottmiller4859]

Still trying to settle my fathers estate. No will and my brothers acted like everything was fine. And my old we st brother went to a lawyer to have me removed as administrator without my knowledge. I did every step of the estate so far and he is co admin and refused to deal with the estate. 19 months later im still waiting for them. And his lawyer officially stated he will not speak to me. So he acts as though he has no idea whats going on because i dont speak to him. I swore that lawyers had ethic they were required to follow. But this has been a nightmare

[@shelly6972]

It was helpful

[@workshard3016]

My dad had no will and I am finding out 8 years later that my grandfather had left him the house in another state, dad left me his life insurance and told me in his last days that most likely his dad had willed him the home but could het ahold of step grandmother who was also dying at the same time as my dad. I did an unclaimed search this month and yes parcel I'd numbers for property popped up. Not sure of next step

[@appleappbuff]

What would be the topical time line on all of this?

[@carmella88]

How does it work when the administrator wants to buy out the other heirs ?

[@bryang9290]

If we all decide to keep the house how are future decisions made? should an agreement be written up ahead of time to determine that?

[@lmgchi2845]

What if there a will but no one can find it does it come forth when things go into probate or how do you think you should find it

[@moniquelawhorne5447]

It’s 13:32 -for me thank you 🙏

[@user-nubiangoddess]

Very good info

[@americasestateplanninglawy1946]

Thanks NQN! 😎

[@911_TruthNow]

Paul how much different is NY ? Thank you! I am going through this now. Dan No Will two brothers and one house..

[@user-oi5yt3iq9z]

Is the First And Final Account Being approved by the register of wills and orphaned court judge the Last Process before distribution?

[@rayo8065]

What happens if there is no will, and no spouse, and one of the family heirs dies prior to any action taken on the initial case. The deceased heir has no spouse, but does have a will. Does the initial case get split between the surviving heirs or does the initial case execute intestate as per customary distribution for that court at time of his death. With a share now going to the deceased heirs estate?

[@ofcourse7357]

A man in another state died 60 years ago, leaving a wife and 4 kids, 3 of them minors. There was no will. I was 8 years old, one of those kids, and I remember going with my mother to see the probate judge, a bald, pleasant man. We went more than once. When I was in my 30's, and had moved away, my mother asked me to sign a paper relinquishing my portion of my father's estate (a small house on 2 acres). The paper had to be notarized. I had always thought the property had become totally hers. But she said a small percentage of it also legally belonged to me and my 3 siblings, that's how the probate situation had worked out. She wanted to pay lower property taxes which the state allowed for senior citizens, but she couldn't do it if younger people were co-owners. This was the first I ever heard of it! She said all 4 of us had to sign an agreement. I am suspicious because of a lot of shenanigans my family has been involved in, including my now-dead mother, and I am wondering if anyone has heard of this---and why my mother did not just become the sole owner of the property after my father's death and after going through probate. Anyone have any ideas? I should add that the executor of my mother's will, 30 years after my father's death, was our oldest sibling who lived in the same state as our mother. 25 years later, I heard a rumor that she had bought the house after Mom's death and never told me. I have reason to believe it's true.

[@johnd4348]

you got screwed

[@ofcourse7357]

​@@johnd4348If you can elaborate, I'd appreciate it.

[@lorraine7049]

Does this has to be followed if there is a life insurance policy, but no beneficiaries named?

[@paulthomasshepherd5156]

Sounds like legal fees could eat up all the asserts and even put the beneficiaries in dept with the legal fees.

[@tammyellis8384]

Me and my siblings are going through this in Nevada. My mom died last year. We have kept her payments up so far and we want to keep the home for our family. Do you know how that should go ? We keep getting different stories from lawyers and we need to know what to do. We have chosen 2 family members to be the administrator. We were told it will cost several thousand to go before the judge.

[@xyz987123abc]

Paul thanks for the great info. I am in Florida and as you stated all states are slightly different. Got a question as this is something I am going through for one of my elderly neighbors. He died in a car crash as a someone walking. I convinced him to see an attorney. Attorney wrote up the will but the man died before signing it hence not valid. The real mess came as the attorney he used said no will, no children, no spouse (ex or deceased - never married) no known relatives. The attorney was able to get me named curator to my neighbor's estate as he, the dead man, appointed me as his medical advocate (perhaps wrong word - explained doctor would consult me if the neighbor was in a medically questionable set of circumstances) so the judge would know the deceased man trusted me with his most valuable asset - his very life. 7 months later I am waiting for the judge to authorize payment to the funeral home so he can be removed from the freezer and laid to rest. Any input on your part? No I am not related, just a neighbor.

[@fembot521]

My husband died intestate in January. Life insurance policies, car, camper stocks etc. What a total mess. As a widow I am overwhelmed with the amount of work that is involved. Nothing just goes to the legal wife. I have to fight for absolutely everything. My husband was 44 and we have two small kids I have to take care of. It’s sad how legally married spouses are treated in death in Ontario Canada. My husband ensured me that I was beneficiary on everything but he lied to me...meanwhile I am the one who encouraged him to get life insurance and RRSPs. It’s so infuriating.

[@HamDarly]

Am in the same boat it’s hurting been married 16 years 3 months before his death he changed everything

[@Fido-vm9zi]

I don't get this. I thought assets go to spouses & children.

[@sinebar]

Can you make will leaving nothing to anyone?

[@TheSmitty665]

My dad just died, haven’t talked to him in 7 years. He had a girlfriend that he lived with. I’m not sure what I’m supposed to do about any property he had that was in his name but they shared. Example, trucks, house, land etc… no will so it’s making it very complicated

[@Itmee1974]

How about my dad died he had an account but its not joined account my mom trying to get the money she could not get it

[@tomchambers9787]

My State of Virginia requires the executor to be a resident of the state of Va and live in the area. So what must I do hire a lawyer to be the Administrator or acting executor.. or must someone move into town from the family... and i suppose to use a lawyer will be an arm and a leg.. Correct

[@michaeldeslex9834]

My brother died without a will and his wife and us siblings are the heirs since he didn't have any children. His wife filed the petition for probate and is yet to be named the administrator of the estate. The only thing is, all of us siblings live in Europe. Do we gave to show up at the court or is she going to be named the administrator regardless? We really can't travel to the US right now and we are not really at the best terms with that woman. We just want the whole process to be done and for the estate to be distributed fairly. I assume the court pleadings can be handled via mail?

[@roseanneking8984]

Can anyone tell me what to do? My son died last year and he had a mortgage payment that I’ve been paying and my son owned nothing. I just got a certified letter from a bank that repossessed his truck 9 years ago and 9 years ago it sold at auction but they still needed $1.600.00. They are threatening me to make me pay it but there is no estate and I’m on SS and it was 9years ago so what should I do? I’ve not answered them in any way. I’m in Tennessee. I don’t own anything either except a 2004 car.

[@johnb6723]

It isn't called a grant of probate if there is no will, but simply a grant of representation aka letters of administration.

[@tiffanyshaheed5085]

I have a home that I believe my uncle and I were able to keep legally through probate. The problem is, the house is still in my grandmother's name which is my uncle's mother. If I were to take out a loan on the home would it be feasible? Or does the house need to be in his and my name?

[@donnasanchez5484]

I live in Texas.

[@denscorpioftw]

Quick question: If my mom (a widow, no will) passed away and I am her only child (I am administrator of estate), and she only had life insurance (beneficiary me), annuity with beneficiary upon death (me), and a house (which is also my current residence & has been for my whole life), do I still need to open an estate account during probate? I ask because I'm not seeking to sell the house or anything - just seeking to switch the deed to my name & the life insurance proceeds already came straight to me. So what other funds would the estate account even be used for since the home is not being sold?

[@seanryan3715]

Has anyone that is a lone child and is the sole heir to the estate do the probate without a lawyer involved and was it more difficult than just dealing with a lawyer?

[@seanmanahan477]

what if theres a will...but its not signed and thus declared invaliid and only one heir?

[@LatriceRichardson]

what happens if you don't want to sell the house?