Inheritance Laws

When an individual dies without a will, inheritance law requires the estate must pass through probate. This process typically takes 6 to 18 months. When no Will has been filed, assets are usually transferred to the surviving spouse, childern or other family members. The person administering the estate is responsible for settling the decedent's debts, taxes, funeral expenses, and distribution of assets. Individuals listed as beneficiaries must be notified and all of the decendent's assets must be verified through the Probate Court. If there are outstanding debts associated with the estate, they must be settled prior to the disbursement of assets.

Fast Facts

  • Inheritance law is governed by the Uniform probate Code which has been in place since 1969.
  • Inheritance taxes are some of the highest, with state taxes upwards of 15% and federal tax around 40%

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