How do you get control of someone's estate if they don't have a will when they die?

Answer by  martshtml (300)

If you do not have a will, by default your estate will be passed on the closest person to you such a as wife, if you do not have a wife then it goes to your parents, if no parents then siblings so on and so fourth.

Answer by  Lady654 (52)

The best way is to hire an attorney. You are going to need to go to court and prove that you are the closest living relative to the person that is deceased. You will need a birth certificate if you are a son or daughter but if you are not you will need other forms of identity.

Answer by  David90 (20)

When there is no will, law here dictates the estate is divided amongst the relatives/family. The share that each person gets is dependent on their relationship; a wife/husband would get the most, then the children, then the brothers/sisters and grandchildren. If the people inheriting the estate want to take full control they will have to use an attorney.

Answer by  dr84bhl (2789)

If a husband dies it normally goes to the wife and vice versa then, it would be the children who would have the assets divided.

Answer by  Kattie (598)

The law varies between states. Generally the spouse of the deceased will be put in charge of the estate by the court. If they decline Next of Kin are appointed.

Answer by  demannlv (179)

This would be done by an appointment from the court system. You would need to establish your relationship with the deceased. If there are no surviving heirs, it is a good chance that you could do this.

Answer by  demannlv (179)

You need to make a petition to the courts and if successful they will appoint you as the administrator/administrix of the estate. You can then have all the powers.

Answer by  Stevek863 (33)

A court will appoint an executor for a person who dies intestate. You must petition the court to be appointed the executor.

Answer by  MarkWatrous (729)

If the decedent died intestate, the estate must be probated according to the law of the State where the decedent passed. The court will assign a administrator to probate the estate. If they died without a will, the administrator has lawful control of paying claims and distributing assets. No dice.

Answer by  eyeguy (3760)

If you are not a relative the only a few options available. Number one is to file a claim of debt against the estate. Second is to hope the property is placed up for auction and successfully bidding .

Answer by  secondbanana (289)

In Pennsylvania, you can only get control of someone's estate if you are a spouse or a child and they die without a will. Other states? Don't know.

Answer by  heather88 (1897)

You would have to go to a lawyer and ask them the questions you need to know. They can help you on finding out what papers need to be sent in to get control over that persons estate. They can help you get started on filing the papers that need to be filed.