How to Claim an Inheritance with No Will
Determine your state's limits., Search for forms., Consider consulting an attorney., File your forms., Receive your order from the probate court., Distribute the estate according to the order.
Step-by-Step Guide
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Step 1: Determine your state's limits.
Simplified procedures typically are available for smaller estates with assets below a certain threshold.You typically can find out more about your state's simplified procedures by checking your state court's website.
Information also is available on legal websites.
For example, Nolo provides a summary of each state's law on simplified procedures for small estates at http://www.nolo.com/legal-encyclopedia/probate-shortcuts-in-your-state-31020.html.
For example, California residents can take advantage of simplified procedures if the estate is valued at $150,000 or less.
However, in Connecticut the estate must be worth $40,000 or less.In some states such as New York, the value of any real estate is excluded from the limit when determining whether the estate qualifies for simplified procedures. -
Step 2: Search for forms.
Typically the courts provide basic forms for you to fill out if the estate qualifies for simplified procedures.
You can get the forms by contacting the clerk of court in the county where the deceased person lived.
Some jurisdictions also may have these forms available online.The form requires all beneficiaries to state under oath that no will exists and no debts are owed by the deceased person.
You then must list all of the deceased person's assets and propose how they will be divided among the beneficiaries of the estate.Depending on your state, you may need to file additional affidavits or sworn statements from other individuals who are not beneficiaries to the estate.Unlike the full legal process for which an executor must be appointed, when you use simplified procedures you typically only need the agreement of all the deceased person's beneficiaries., Although the simplified process is designed so that you don't need an attorney, you may find an attorney's assistance beneficial in preparing the initial forms.
Although no particular legal expertise is typically required to fill out the forms, an attorney can make sure they are filled out correctly and that you've included all legally required information and documents.If you're concerned about the cost of hiring an attorney, you might look into services from your local legal aid office.
If there's a law school located nearby, you also may be able to find a law school clinic that provides free or reduced-cost services.
You also could find out if there's an experienced probate attorney willing to charge you a reduced rate simply to look over your documents after you've prepared them. , Once you've completed your forms you must file them with the probate court clerk in the county where the deceased person lived.
The court may require these forms be accompanied by certain documents, such as a death certificate or a receipt for funeral expenses.You will have to pay a filing fee to petition with the court for simplified administration of the deceased person's estate.The state where the deceased person was a resident has control over all aspects of the person's estate, even if he or she had property elsewhere., Provided everything is in order, a probate court judge will issue an order for the estate's assets to be distributed as you set forth in your forms.The benefit of being able to use simplified procedures – apart from not having to deal with lengthy and complex probate court proceedings – is that assets don't have to be distributed according to your state's laws of intestate succession, which typically would govern estates when the deceased person left no will.Some states such as Illinois allow you to file the affidavit with the death certificate and avoid probate entirely.This means estates can be settled almost immediately using the simplified procedures.
Involving the courts may mean it takes a few days or even a week or two. , The order has the effect of a deed and transfers ownership of the estate's assets to the beneficiary named in your petition.If your petition disposed of any real property, you may have to record the order at the county recorder's office with the deed for the property.Similarly, the order does not complete the full legal transfer of some other property such as vehicles, but can be used as proof of a transfer of ownership when you get new registration and tags for the vehicle you inherited. -
Step 3: Consider consulting an attorney.
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Step 4: File your forms.
-
Step 5: Receive your order from the probate court.
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Step 6: Distribute the estate according to the order.
Detailed Guide
Simplified procedures typically are available for smaller estates with assets below a certain threshold.You typically can find out more about your state's simplified procedures by checking your state court's website.
Information also is available on legal websites.
For example, Nolo provides a summary of each state's law on simplified procedures for small estates at http://www.nolo.com/legal-encyclopedia/probate-shortcuts-in-your-state-31020.html.
For example, California residents can take advantage of simplified procedures if the estate is valued at $150,000 or less.
However, in Connecticut the estate must be worth $40,000 or less.In some states such as New York, the value of any real estate is excluded from the limit when determining whether the estate qualifies for simplified procedures.
Typically the courts provide basic forms for you to fill out if the estate qualifies for simplified procedures.
You can get the forms by contacting the clerk of court in the county where the deceased person lived.
Some jurisdictions also may have these forms available online.The form requires all beneficiaries to state under oath that no will exists and no debts are owed by the deceased person.
You then must list all of the deceased person's assets and propose how they will be divided among the beneficiaries of the estate.Depending on your state, you may need to file additional affidavits or sworn statements from other individuals who are not beneficiaries to the estate.Unlike the full legal process for which an executor must be appointed, when you use simplified procedures you typically only need the agreement of all the deceased person's beneficiaries., Although the simplified process is designed so that you don't need an attorney, you may find an attorney's assistance beneficial in preparing the initial forms.
Although no particular legal expertise is typically required to fill out the forms, an attorney can make sure they are filled out correctly and that you've included all legally required information and documents.If you're concerned about the cost of hiring an attorney, you might look into services from your local legal aid office.
If there's a law school located nearby, you also may be able to find a law school clinic that provides free or reduced-cost services.
You also could find out if there's an experienced probate attorney willing to charge you a reduced rate simply to look over your documents after you've prepared them. , Once you've completed your forms you must file them with the probate court clerk in the county where the deceased person lived.
The court may require these forms be accompanied by certain documents, such as a death certificate or a receipt for funeral expenses.You will have to pay a filing fee to petition with the court for simplified administration of the deceased person's estate.The state where the deceased person was a resident has control over all aspects of the person's estate, even if he or she had property elsewhere., Provided everything is in order, a probate court judge will issue an order for the estate's assets to be distributed as you set forth in your forms.The benefit of being able to use simplified procedures – apart from not having to deal with lengthy and complex probate court proceedings – is that assets don't have to be distributed according to your state's laws of intestate succession, which typically would govern estates when the deceased person left no will.Some states such as Illinois allow you to file the affidavit with the death certificate and avoid probate entirely.This means estates can be settled almost immediately using the simplified procedures.
Involving the courts may mean it takes a few days or even a week or two. , The order has the effect of a deed and transfers ownership of the estate's assets to the beneficiary named in your petition.If your petition disposed of any real property, you may have to record the order at the county recorder's office with the deed for the property.Similarly, the order does not complete the full legal transfer of some other property such as vehicles, but can be used as proof of a transfer of ownership when you get new registration and tags for the vehicle you inherited.
About the Author
Ann Roberts
With a background in science and research, Ann Roberts brings 2 years of hands-on experience to every article. Ann believes in making complex topics accessible to everyone.
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