No Last Will And Testament - What Can Happen Then? in Quitclaim Deed

A last will and testament is the name given to a legal document which conveys the final wishes of an individual related to his dependents and assets. It outlines the last wishes of the person about what should be done with his possession, whether he will leave those to another individual or his offspring, donate them to a charity or group etc. It can also outline all the other things that they have responsibility of, such as the management of accounts and finances, the custody of any dependent and more.

In some States, unusual wills or non-standard wills like holographic will is allowed whereas in other states standard wills are only entertained. Find out what can happen if there is no last will and testament in Texas.

The state will become the estate executor

If a person dies without leaving a valid will and testament, it will be regarded that he or she has died intestate. In that case, the state will become the executor of his estate and will take a decision while settling the estate, how property will be distributed and who will get the payment first etc, without any consideration for the circumstances of the family of the deceased individual.

Guardian will be appointed by the court

If there are minors involved, and a person dies leaving his children behind without any last will, a guardian will be appointed by the court for the welfare of the minors. That is why, with a will and testament parents can get some level of control over what will happen to their kids and assets after their death.

Life insurance policies and trusts that are made with beneficiaries do not have to pass through the proceedings of a probate court. These days, it is possible to draft wills at a low cost with the help of free legal documents available free of cost or paid forms that are available for a small payment online.

A claim to the estate can be staked by any blood relative

This can happen very much when there is no will in place. Even guardianship arrangements can be established by the court, on the basis of what would be best in the interest of children left behind by the deceased person.

In case a will is determined by the court to be drafted improperly, it will be regarded as invalid. The intestate law of the state will then settle the distribution of the estate.

Author Bio

Carl writes often about affidavit, bill of sale and last will & testament to help the people in needs.

Last updated June 22, 2022