If an individual does not leave a will, their estate will have to go through a legal process known as intestate succession after their death. This process gives probate courts the right to determine how the deceased's property and assets should be distributed among heirs; every state has intestate laws to guide the decisions made by the courts. Below, estate planning attorney Stuart R. Norman, Jr., in Jewett City, CT, explains intestate succession in more detail.

Appointing an Executor

An executor is a person who represents the decedent's estate and ensures all issues surrounding it are satisfactorily resolved. Most people appoint their executor in their will as part of routine estate planning, but when no will exists, the state steps in to designate someone to take on this crucial responsibility. Most often it is the spouse or domestic partner of the deceased. If the deceased was single, the role is usually given to one of the adult children. If the deceased had no children, the closest next-of-kin would likely take on the duties of the executor.

Distributing Assets

Intestate succession laws in most areas dictate that spouses or registered domestic partners of the decedent receive the largest share of the estate. Children receive the second-largest share of assets. If a decedent leaves no partner and no children, the closest next-of-kin will receive the bulk of the estate; priority is given to parents of the deceased, or, barring that, siblings. It's important to understand that unmarried spouses, unregistered domestic partners, and children who are not blood relations or legally adopted will most often not inherit anything.

If someone you love has passed away without a will, you may have a lot of questions about the legalities of how to handle such an estate. Consulting an estate planning attorney is extremely helpful, and Stuart R. Norman, Jr., is here to help answer your questions and look out for your interests. For more than four decades, he has been representing area clients in estate, real estate, and elder law issues. Call (860) 376-0069, visit him online, or contact him on Google+ to schedule a consultation today.