Willi Law Firm

What Must Be Done if There is No Will?

This is the most complicated scenario if the estate is valued at more than $75,000. It will likely involve an heirship proceeding (an Application to Determine Heirship) to determine the persons considered by law to be the heirs who inherit the estate of the deceased, and a lengthy court-supervised administration of the estate.

If the estate is valued at $75,000 or less, then a small estate affidavit may be available to clear title to the assets. Another procedural avenue used to avoid court administration when there is no will, and only title land or vehicles are involved, is an affidavit of heirship. The small estate affidavit and affidavit of heirship only work in limited circumstances. Determining when to use these strategies is critical.

Check out the video breakdown here: https://youtu.be/zWaXMFyOjuI.