Who Is Entitled to the Estate of a Deceased?

When a person passes away, their estate—comprising all their assets, debts, and belongings—must be distributed according to their wishes (if outlined in a valid will) or the laws of intestacy (if they die without a will). Determining who is entitled to inherit can be straightforward in some cases but legally complex in others.

The distribution of an estate depends on whether the deceased left a valid will:

1. When There Is a Valid Will

A will specifies how the deceased’s assets are to be distributed and names the beneficiaries. In such cases:

  • Named Beneficiaries are entitled to the estate as outlined in the will.
  • Contingent Beneficiaries may inherit if primary beneficiaries cannot (e.g., due to death).

The executor, appointed by the deceased in the will, oversees the distribution process.

2. When There Is No Will (Intestate)

If someone dies without a will, their estate is distributed according to the laws of intestacy in their jurisdiction. These laws prioritize family members in a specific order:

  1. Spouse or Civil Partner: Typically inherits the largest share, often including property or a financial portion.
  2. Children (including Adopted Children): Share equally in the estate if there is no spouse or after the spouse’s share.
  3. Parents: Inherit if there are no surviving spouses or children.
  4. Siblings: If there are no parents, siblings (or their descendants) inherit.
  5. Distant Relatives: Such as aunts, uncles, or cousins, inherit if there are no closer family members.

If no relatives can be found, the estate may “escheat,” meaning it is transferred to the state.

Who Gets the Estate When Someone Dies Intestate?

Intestacy laws vary by country and region. Here’s a general overview:

  • Spouse or Civil Partner: In most jurisdictions, they receive a significant portion of the estate, often including the family home.
  • Children: The remaining portion of the estate is divided equally among the children.
  • No Immediate Family: If there are no children or spouse, the estate goes to the next closest relatives, such as parents, siblings, or nieces and nephews.

Example: South African Intestate Succession

Under South Africa’s Intestate Succession Act, the estate is distributed as follows:

  • If there is a surviving spouse but no children, the spouse inherits everything.
  • If there is a spouse and children, the estate is split between them, with the spouse entitled to a minimum portion (determined by law).
  • If there is no spouse or children, the estate passes to the deceased’s parents, siblings, or extended family.

How Do You Know If a Deceased Person Has an Estate?

1. Check Public Probate Records

If the deceased had an estate, it may be subject to probate. Probate records are public documents and can reveal details about the estate and its distribution.

2. Contact the Executor or Administrator

If you know the executor or administrator of the estate, they can provide information about the assets and beneficiaries.

3. Look for Financial Documents

Review the deceased’s financial records, such as bank statements, property deeds, or insurance policies, to determine if they left behind significant assets.

4. Consult an Attorney

A probate attorney can assist in locating and assessing the deceased’s estate, including initiating legal processes to uncover hidden assets.

What Happens to Debts?

Before any inheritance is distributed, the deceased’s debts must be settled. The executor or administrator uses estate assets to pay outstanding debts, taxes, and administration costs. Beneficiaries receive only what remains after these obligations are met.

How PM Deceased Estate Attorneys Can Help

Navigating inheritance laws and determining entitlement to an estate can be overwhelming, especially in cases of intestacy or disputed wills. PM Attorneys can:

  • Guide you through probate and intestacy laws.
  • Assist in identifying and valuing estate assets.
  • Represent your interests in inheritance disputes.
  • Help locate and claim your rightful share of the estate.

Understanding who is entitled to inherit an estate requires careful consideration of the deceased’s will, family relationships, and applicable laws. Whether you’re dealing with a will, intestacy, or uncertainty about the existence of an estate, seeking professional legal guidance can ensure your rights are protected.

At PM Attorneys, we’re dedicated to helping clients navigate estate matters with clarity and confidence. Contact our deceased estate attorneys today to learn how we can assist you in securing your rightful inheritance.

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