If you die without a valid will, which statement is true?

If you die without a valid will, which statement is true?

• A. The estate is passed according to the state's intestacy laws.
• B. Heirs must claim the estate within the creditor's claim period.
• C. The state of domicile gets the assets of your estate.
• D. The state would respect any invalid wills created.

Answer: (A)

When there’s no valid will, there’s no instructions for who should receive the deceased’s property. The estate is then distributed according to the state’s intestacy laws. Those laws spell out who inherits and in what order, typically starting with a surviving spouse and children, then other relatives, and only if there are no eligible heirs does the state take the assets (escheat) in some places. The probate process ensures debts are paid first and the remaining assets go to the heirs as dictated by law. So the true statement is that the estate is passed according to the state’s intestacy laws.

When there’s no valid will, there’s no instructions for who should receive the deceased’s property. The estate is then distributed according to the state’s intestacy laws. Those laws spell out who inherits and in what order, typically starting with a surviving spouse and children, then other relatives, and only if there are no eligible heirs does the state take the assets (escheat) in some places. The probate process ensures debts are paid first and the remaining assets go to the heirs as dictated by law. So the true statement is that the estate is passed according to the state’s intestacy laws.