Dying without a Will as per the law means that you have died “intestate”. Under this circumstance, the court acts as an estate administrator to first settle any dues remaining of the deceased and then dividing the remaining assets equally among your family members.
Property Division after You Die Without A Will
- If you are married but have no children, then your property is inherited by your spouse.
- In case you have a spouse as well as children, then according to the law, your spouse is entitled to the maximum share of your assets and the rest gets divided among your children.
- If you are not married, then your assets get inherited by your parents.
- If you have children, but no spouse, then your asset is equally divided among them.
- If there is no living kin in your family, then all the assets go to the government for them to use it for the benefit of the country.
There are a few problems that might arise if you die without a will.
Problems That Can Arise
- If you die without a Will, then it creates a huge problem for your family, as your assets are divided as per the law that might not be what you had expected.
- Time, as well as the expenses involved in solving the matter, may harass your family members.
- The court appoints a representative to take care of your property. For your family member to become that personal representative, he must acquire the Certificate of Appointment of Estate Trustees without a Will.
Thus, it can be concluded that making a Will of your estate is a necessity so that your loved ones are not kept away from their right to own your property and assets.