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").

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.