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What happens when someone dies without a Will?

When someone dies without a will, it is known as dying intestate. Intestate death refers to the passing away of a person without leaving a valid will. The distribution of assets in such cases is determined by the laws of intestacy in the jurisdiction where the person resided. Typically, the deceased's closest relatives, such as their spouse, children, or parents, will inherit their assets in a predetermined order. It is often recommended to create a will to ensure that one's wishes are carried out after their death.

The distribution of assets and property after a person's death is typically handled through a legal process called probate. The probate process often requires hiring an attorney to represent you in the process, which The Warnock Law Group has over 30 years experience doing. The Probate process also involves identifying and appraising the deceased person's assets, paying off any debts and taxes, and distributing any remaining assets to the heirs or beneficiaries according to the deceased person's will or state law if there is no will. It is important to have a clear and updated estate plan to ensure that your assets are distributed according to your wishes.

Identifying and appraising assets involves determining the value of a decedent's tangible property and real property. This includes conducting a thorough inventory of all assets and evaluating their worth based on factors like fair market value, market demand, condition, and functionality. The goal is to accurately determine the value of the assets for financial reporting, and distributions to beneficiaries.


When someone passes away, their debts and taxes must be paid off from their estate before any inheritance can be distributed to beneficiaries. The executor or administrator of the estate is responsible for managing this process. It's important to consult with a legal such as The Warnock Law Group to ensure all necessary steps are taken and all debts and taxes are properly addressed and all required court processes are completed.


For further help with the Probate process please contact us at:

6843 Porto Fino Cir, Fort Myers, FL 33912, USA law@warnocklawgroup.com (239) 437-1197


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