In the event of a death without a will, the estate is usually divided according to the rules of intestacy.
Intestacy laws vary from state to state, but in general, they involve distributing assets among close relatives such as spouses, children, or grandchildren.
If you are an heir who stands to inherit through these laws and have recently lost a loved one, then you may be wondering how to begin the process of claiming your inheritance.
This article provides an overview of what steps you should take and provides helpful tips for navigating the legalities of intestacy.
It will also help you understand the various legal documents you may be required to produce in order to claim your inheritance.
Read on for more information.
Steps to Claim an Inheritance
1. Obtain A Copy Of The Death Certificate
The first step in claiming an inheritance is to obtain a certified copy of the death certificate from your local Registrar or County Clerk’s office.
This document is necessary for filing the probate and other legal documents related to the deceased person’s estate.
If you want to contest an estate without a will, this document is especially important.
Additionally, some financial institutions may require a copy of the death certificate before they process any claims. So, it is best to obtain a copy early in the process.
2. Verify Your Entitlement To The Inheritance
Next, you need to verify that you are legally entitled to the inheritance.
If the deceased person did not have a will, then this can be done by looking at your state’s intestacy laws or by consulting with an attorney who specializes in estate planning law.
In order to do this, you may need to provide documentation that proves your relationship to the deceased. For example, if you are a child of the deceased person, then you may need to provide the court with your birth certificate.
Or, if you are a stepchild, then you may need to provide proof of your parent’s marriage. So, make sure you have the necessary documents handy.
3. File A Petition For Probate With The Court
Once you have verified that you are entitled to inherit, then you need to file a petition for probate with the court in the county where the deceased person lived.
This is necessary in order to establish legal ownership of any assets and property left behind.
An experienced attorney can help facilitate this process and ensure that all necessary paperwork is filed correctly. The first step is to submit the petition.
Depending on your state’s laws, you may also have to publish a legal notice of the probate in a local newspaper. Then, a hearing may be scheduled so that any interested parties can present their claims.
4. Identify, Valuate, and Collect Assets
After the court has granted probate, you can begin the process of identifying, evaluating, and collecting any assets that are part of the deceased person’s estate.
This typically involves working with an executor or personal representative who will manage the estate on behalf of all involved parties.
They will be responsible for gathering information about the deceased person’s assets and debts, filing any necessary tax returns, and distributing the assets to the rightful heirs.
5. Contact Financial Institutions
If the deceased had any investments or accounts held with financial institutions, then you will need to contact them in order to file your claim.
You will likely need to provide the death certificate as well as other documents that prove your identity and entitlement to the inheritance.
6. File Any Necessary Tax Returns And Pay Any Outstanding Debts
Once all of the necessary paperwork has been filed and approved, you should file any tax returns due for the deceased’s estate (if applicable) and pay any outstanding debts or taxes owed by the deceased.
This is an important step since it may affect how much of the inheritance you actually receive.
7. Receive Your Inheritance
Finally, once all of these steps have been completed, you can finally receive your inheritance from the estate.
Depending on the size of the estate, this may take some time as all of the necessary paperwork must be finalized and approved before any distributions can be made.
By following these steps, you should be able to claim your inheritance in a timely and efficient manner.
Remember to consult with an experienced attorney who specializes in probate law if you need assistance navigating any of the legal issues involved in claiming an inheritance. Good luck!
Hopefully, this article has helped you understand how to claim your inheritance if there is no will.