What to do when someone dies with no Will?

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What to do when someone dies with no Will?

Father-in-law just passed with no Will in place. He lived with my husband and I but we have no access to his banking in order to bury him. What do we do?

Asked on December 11, 2010 under Estate Planning, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your father in law died with no will, he died intestate.  You need to obtain a death certificate immediately if you are going to attempt to do anything.  You will most likely need to go through probate unless anything he had was also in your name.  Does he have any bank accounts wherein you or his son is named on the account or as an immediate beneficiary.  If he does, those items fall outside of probate.  If you go to the bank with the death certificate, and identification to prove you are who you say you are, you might be able to get the funds but also check with your local probate court about the easiest way to be named as administrator of the estate.


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