If a person passes away without a will, the court will distribute the decedent’s assets to any identifiable heirs. The process is called intestate. The court does so by following the “classes of heirs” which is determined by state law. The most common identifiable heirs are surviving spouses and children.
Providing an accurate answer to this question is nearly impossible without a formal consultation to determine the exact situation at hand. However, the general rule of thumb is if their assets held in the name of the decedent at the time of his/her passing, then probate may be necessary. But there are many factors that may determine otherwise so it is always best to consult with one of our probate litigation attorneys to be sure.
This is dependent on many considerations – the complexity and size of the estate, whether a will is in place, whether the will/probate is contested, etc. However, the average length of time for a formal probate administration is between 6-9 months.
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