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Heritage Tree LogoWhat Happens During Probate if There is No Will?

probate court

Soon after the date of your unfortunate passing, the Pennsylvania probate court may read your will document and begin distributing your estate’s assets according to your written wishes. However, this is, obviously, made impossible if there is no will document to begin with. This may leave the probate court with no choice but to start making these critical decisions on your behalf. Read on to discover what happens during the probate process if you do not leave behind a will for your loved ones and how a seasoned Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC can help you avoid disputes as a result.

What happens during the probate process if I do not leave a will?

If you do not properly execute a valid and enforceable will before your passing, your estate may enter intestate. This means that your estate’s assets may be distributed according to the Commonwealth of Pennsylvania’s intestate laws. Now, these intestate laws primarily take care of your surviving spouse and children. For example, if you pass with a spouse and no children, your spouse may inherit everything, and vice versa. But if you pass with both a spouse and children, your spouse may inherit the first $30,000 worth of your estate’s assets, plus half the balance, then your children may inherit everything else.

In a case where you pass without a spouse or children, your parents may inherit everything. But with no surviving parents either, your assets may then go to your more distant relatives, starting with your siblings, grandparents, grandchildren, cousins, aunts and uncles, nieces and nephews, etc. Unfortunately, these intestate laws do not consider your close friends or favorite charitable organizations you frequently contributed to throughout your lifetime.

How can passing without a will cause disputes amongst my loved ones?

For one, your passing without a valid and enforceable will may mean that your wishes for who should receive which of your estate’s assets may not be granted. But arguably more critically, this may mean that your loved ones may turn against one another and dispute, at a time when they should be banding together and emotionally supporting one another instead.

That is, if they disagree with the way your estate is being handled and distributed, they may initiate estate litigation proceedings. Such proceedings are known for being extremely costly and time-consuming. Overall, though, this legal conflict may cause a strain on your loved one’s relationships that may last indefinitely. Ultimately, this should be enough reason for you to ensure you executed a will document before it is too late.

There is no need to remain hesitant when you have one of the competent Butler County estate planning & probate attorneys on your side and supporting you. So please inquire with us at Heritage Elder Law & Estate Planning, LLC at your earliest possible opportunity.

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