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It is a common misconception that if a person dies
without a Will, the government gets his property. However, the
Legislature has decided how the decedent's assets are to be divided
between his spouse, children and relatives if he has died without a
Will (called "intestacy").
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This presumed distribution may
not be what the decedent may have wanted. Furthermore, there are some
things a person can do only if he has a Will so it's still a good idea
to have a Will.
After the person has died, any person who has an
interest in the estate (spouse, heir, or creditor) may begin the
probate process and ask to be appointed "personal representative"
(previously called "administrator"). As in a case where there is a
Will, the Estate may be handled informally or formally or supervised or
unsupervised.
If the direct heirs cannot agree who should be
the personal representative, the probate court may have to decide.
Following the appointment of the personal
representative, the process is much the same as for a Will except that
the distribution is made according to the Intestacy Law rather than the
terms of a Will. Published notice is given and creditors and claimants
have four months to file a claim.
One of the more common issues in Intestacy is
what happens to the homestead between the surviving spouse and the
children of the decedent.
It is important that the issues involving
distribution of assets and transfer of the property of the decedent
occur within a reasonable time of death since they will become more
difficult to resolve as more time passes.

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