If you learn that a loved one did not leave a will, it may only add to the stress of the loss. Depending on your loved one’s financial situation and family dynamic, the lack of a will could lead to contentious probate proceedings. With the help of an estate planning lawyer, you will be able to mitigate some of the most common disputes that can arise after someone dies intestate and resolve any issues as swiftly as possible. Here is how an estate law attorney is necessary when navigating probate without a will.

Locate Assets That Are Not Passed By Will

Before distributing any property that would have been bequeathed in a will, it’s important to locate all of the assets that do not fall under the laws of intestate succession. This includes assets with beneficiary designations — like life insurance policies — bank accounts, retirement accounts, as well as community property with survivorship rights and property that was held in joint tenancy. Since probate proceedings can be lengthy, especially if there are no estate planning documents, a lawyer will help you locate these assets first, so your financial security is not in jeopardy while settling the rest of the estate.  

Follow the Laws of Intestate Succession

Once you have distributed any applicable assets that did not need to be passed by will, an attorney will help you navigate the probate proceedings by following your state’s laws of intestate succession. These statutes determine who will get the deceased’s property and capital. In Connecticut, for example, the surviving spouse and children typically inherit everything. The spouse will receive the first $100,000 worth of property plus half of the remaining balance, and the children will inherit the rest. If your family dynamic is more complicated, for example, if the deceased had children from a prior marriage, an estate planning lawyer will help you determine precisely who gets what.

If your loved one died intestate, turn to Stuart R. Norman Jr. Based in Jewett City, CT, this estate planning attorney has been helping clients navigate complicated probate proceedings for more than four decades. In addition to estate planning, Stuart R. Norman Jr. also practices real estate law and elder law. You can contact the firm to schedule an initial consultation by visiting their website or by calling (860) 376-0069.