4.8/5 based on 35 reviews.
4.8/5

Sudden Wealth Blog

What to Do With a Will With No Beneficiary

Photo of a will with no beneficiary.

When someone passes away and they leave a will with no beneficiary, it can create confusion and legal complications for their loved ones. It’s important to understand the steps involved in navigating this process and ensuring that the deceased’s wishes are carried out properly. In this post, we’ll provide guidance on how to handle a will with no beneficiary.

Understand the legal implications of a will with no beneficiary.

When a will does not name a beneficiary, it means that the deceased person died “intestate.” See A.R.S. Section 14-2101. State law then determines who receives the decease person’s assets. These people are called “heirs.”

Determine who the heirs are.

If you are dealing with a will with no beneficiary, the first step is to determine who the heirs are and their relationship to the deceased. This can be done by reviewing the will and any other relevant documents, such as marriage certificates or birth certificates. You may have to hire an heir search company to help you identify the heirs. Be sure to review applicable state law, because the heir search company will not necessarily identify the correct people.

If there are no living heirs, the assets may go to the state. It’s important to work with an attorney who can help you navigate this process and ensure that everything is handled properly. They can also help you understand any potential challenges that may arise and how to address them.

Determine if there are any alternate beneficiaries named in the will.

If the will does not name a beneficiary, it’s important to check if there are any alternate beneficiaries named. This could include a secondary beneficiary or a contingent beneficiary. If there are alternate beneficiaries named, they will inherit the assets instead of the primary beneficiary. If there are no alternate beneficiaries named, the assets will typically pass to the deceased’s heirs according to state law. It’s important to consult with an attorney to understand the specific laws in your state.

Seek legal advice from an attorney specializing in probate law.

If you are dealing with a will that has no beneficiary, it’s important to seek legal advice from an attorney who specializes in probate law. They can guide you through the process and ensure that the deceased’s wishes are carried out properly. They can also help you understand the laws in your state and any potential legal complications that may arise. It’s important to work with an attorney who has experience in this area to ensure that everything is handled correctly and to avoid any unnecessary legal issues.

Follow the legal process for distributing assets without a named beneficiary.

When a will has no named beneficiary, the legal process for distributing assets can become more complicated. In most cases, the assets will need to go through probate court to determine who should receive them. This process can vary depending on the state and the specific circumstances of the case. It’s important to work with an attorney who can guide you through the process and ensure that everything is handled properly. They can help you understand the legal requirements and deadlines, as well as any potential challenges that may arise.

Are you dealing with a will with no beneficiary?

Let our trusted law firm be your guide and advocate. With a deep understanding of probate laws and extensive experience in handling wills, our dedicated legal team is here to provide you with the support you need during this challenging time. We will navigate the intricate legal procedures, alleviate your burdens, and ensure a smooth probate process. Don’t let the complexities of probate hinder you from fulfilling your loved one’s wishes. Call our law firm today at 602-443-4888 and let us provide you with the expertise and compassion you deserve, giving you peace of mind while you honor your loved one’s legacy.

 

ABOUT THE AUTHOR

Founding attorney Paul Deloughery has been an attorney since 1998, became a Certified Family Wealth Advisor. He is also the founder of Sudden Wealth Protection Law.

SPREAD THE WORD