The death of a parent is an emotionally challenging experience for any child, especially when the parent dies without a will. It is important for the child to understand the legal process involved and what entitlements they are due to receive.
Entitlements of a Child When a Parent Dies Without a Will
When a parent dies without a will, the child is legally entitled to receive their share of the estate. This includes any assets, debts or property that the parent owned. The child will receive their share in equal parts with any other siblings or next of kin.
Understanding the Legal Process
The legal process of transferring the estate to the children is known as probate. It is a process that is overseen by the courts and involves a variety of steps. This includes collecting and appraising the assets, paying off any debts and distributing the remaining assets to the next of kin.
The probate process can be complicated and time consuming. It is advisable to seek legal advice to ensure that the process is completed correctly and that the child receives the entitlements they are due.
When a parent dies without a will, it is important for the child to understand their entitlements and the legal process involved. Seeking legal advice can help to ensure that the child receives their share of the estate and that the probate process goes as smoothly as possible.