when a person dies with no will the probate court distributes that person s assets to their next of kin according to the relevant state s probate laws this is known as the law of intestate succession it outlines the distribution of assets between surviving spouses children grandchildren siblings parents aunts uncles and other relatives 6
with or without a will going to probate court is likely required to settle a decedent s affairs however there are ways to simplify the probate process prior to death including creating a living trust naming beneficiaries clearly on all investment bank and retirement accounts and establishing joint ownership for certain assets the costs of probate courta probate lawyer is often hired to help deal with the intricacies of probate other costs of probate can include court filing fees costs for publishing a death notice and an executor s fees if the estate is large and complicated the assistance of an accountant may be needed the deceased s estate lawyer may also need to be involved costs will mount the longer the probate process takes to complete in general the process can take six months to a couple of years 