How Probate Works When No Will


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When someone dies with assets in their name – and they left no last will and testament, there are certain probate procedures that must be followed to have the deceased’s estate transferred to the appropriate heirs.

The following are steps that are typically followed in order to handle the intestate probate:

(1) Determine the heirs under state intestate laws;
(2) Evaluate assets and debts of deceased;
(3) Petition the court to appoint an independent administrator;
(4) Court issues Letters of Independent Administration;
(5) Estate obtains Tax ID#;
(6) Independent Administrator opens estate account;
(7) Independent Administrator moves financial assets from frozen accounts to estate accounts;
(8) Independent Administrator pays bills of deceased and of estate;
(8) Independent Administrator sells deceased’s assets that need to be sold;
(9) Probate attorney prepares inventory of assets and debts, and other required pleadings;
(10) All heirs sign off on the court pleadings and petition to close the probate;
(11) Probate lawyer files final court pleadings;
(12) Judge signs Order requiring assets to be transferred to intestate heirs;
(13) Remaining estate assets transferred to intestate heirs.

For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to:

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Estate Planning Attorney
Phone: (225) 329-2450


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