Ask Sam: If a family member dies but has no will...
July 2nd, 2021 by admin
Q: If a family member dies but has no will and the family members left are siblings only, are the siblings required by law to go through the clerk of court to settle the estate? What happens if an attorney has advised that, in his opinion, there is no estate and declines the case?
P.T.
Answer: SAM turned to local attorney Mike Wells for the answer to your question.
“The same requirements for opening an estate must be met whether a decedent leaves a will or not, and regardless of who the heirs are,” Wells said.
“Whether a formal estate administration is necessary is determined by the nature and value of so-called countable assets in the estate.
“There are some estate administration options which require less ‘moving parts’ based on the nature and value of the assets, which can save time and expenses.
“An attorney can review the options with the family to determine which option is required, appropriate, and cost-efficient.”
As far as having no estate, Wells said, “In some situations, a decedent does not have any so-called countable assets subject to probate and there is no need to file for an estate administration.
That could happen when:
A married couple owned all their assets jointly, which passed outside of the probate process when one spouse passes away.
A decedent was residing in a care facility, had sold their home, vehicles, and had no other monetary assets.
A decedent had good estate planning advice and had placed their assets into a trust or some other investment which avoided the need for probate through the clerk of court.
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