Full question:
What happens to my mother's estate upon her death? She had no will, a retirement fund without a beneficiary list, and a large debt balance.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Kentucky
Answer:
When a person dies without a will, their estate is distributed according to state intestacy laws. In this case, a petition must be filed with the court to appoint an administrator (or administratrix) to manage the estate. This person will settle the deceased's affairs, which includes paying debts and distributing remaining assets.
In Washington, for example, a surviving spouse typically inherits all community property and half of the separate property if there are surviving children. The estate is considered intestate if any part of it is not disposed of by a will, and it will pass to heirs according to state laws of intestate succession.
The probate court will appoint a personal representative to handle claims from creditors, pay debts, and distribute assets according to the law. Some assets, like those in a trust or accounts with a right of survivorship, may pass outside of probate.
If the estate's value is below a certain threshold, small estate procedures may apply instead of formal probate, which can simplify the process. In Kentucky, for instance, $15,000 of personal property may be exempt and go directly to a surviving spouse or children if there is no spouse.
If debts exceed assets, the court may waive the need for administration.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.