Losing a loved one is difficult. As you grieve, you may also need to determine how to administer your loved one’s estate and distribute their assets. The determination of heirs in Manalapan Township plays a crucial role in this process, and working with an experienced estate planning attorney ensures clarity and compliance with the law.

At Nesevich Law, we have successfully guided families through estate administration and probate procedures, which differ depending on whether the decedent had a will.

Determining Heirs With a Will

In Manalapan Township, when a deceased person leaves a valid will, the probate process becomes more straightforward since the will outlines the instructions to identify heirs. The estate of a decedent with a legally binding will enters the process of testate succession. The deceased person’s will names an executor, and that executor manages the estate by carrying out the decedent’s wishes, as stated in the will.

The executor submits the will to the Surrogate’s Court in the county where the decedent lived at the time of death. The court verifies the authenticity of the will and authorizes the executor to distribute the estate’s assets. First, the executor pays the decedent’s outstanding liabilities and taxes. After paying the decedent’s debts, the executor then identifies the heirs and distributes the estate’s assets pursuant to the will.

Following the probate process can often prove complicated and confusing for the family member whom the will names as executor. For this reason, you should consult a seasoned local attorney who could provide you with valuable advice throughout each stage of the probate process.

How Does a Court Identify Heirs Without a Will?

If someone dies without a will, the process differs because the decedent’s estate enters into intestate succession, which often proves more time-consuming and costly. Instead of following the deceased person’s precise wishes, a Manalapan Township court applies state intestacy laws to determine who will inherit.

The court appoints an administrator to manage the estate. State intestacy statutes then determine the heirs. In general, the statutes prioritize:

  • The surviving spouse when all of the decedent’s children are also the spouse’s
  • The surviving spouse and the decedent’s children, when the decedent has children from another relationship
  • The decedent’s parents and siblings, if no spouse or children survive
  • The decedent’s extended family, if no spouse, children, parents, or siblings survive

When someone dies without a will, they lose the ability to decide who inherits their estate because only the laws of intestate succession control distribution. Consequently, only close relatives generally inherit. For example, a stepchild, close friend, unmarried romantic partner, or charity cannot collect any portion of the estate. By contrast, an estranged relative may still inherit even after years of no contact.

To ensure you distribute your estate’s assets according to your wishes, rather than leaving the decision to intestacy laws, you should prepare a comprehensive will with the guidance of a well-versed local attorney.

Contact a Manalapan Township Lawyer for Help in Identifying Legal Heirs

The determination of heirs in Manalapan Township directly affects how a court distributes a decedent’s estate. A knowledgeable attorney at Nesevich Law could help guide you through the legal process, whether your loved one died with or without a will. We could also help you draft a will to ensure the appropriate people inherit your estate.

Reach out to our law office today to discuss your concerns.