What Happens if an Heir Dies During Probate?
A knowledgeable probate attorney in Palo Alto should be prepared to guide clients through any type of estate settlement situation, including contested cases and straightforward ones. But what happens if an heir dies during probate? How does this impact the probate process?
The team at Radiant Probate & Estate Law, Inc. is here to break down the answer.
How a Beneficiary’s Death Impacts Inheritance
Imagine that, while drafting a will, you want your siblings to inherit any or all of your assets upon your death. Your lawyer may ask about any contingent heirs who would receive these assets if the original beneficiary is no longer alive. In addition to naming your siblings, you could also name their children as contingent heirs.
This example also demonstrates how anti-lapse laws may apply. States with these laws typically allow a deceased close relative’s descendants to receive the assets. Assuming that your will only names your sibling as a beneficiary, their children may inherit your assets according to your state’s anti-lapse laws.
Anti-lapse laws have different rules if a will names a friend, charity, or distant relative as a beneficiary.
The Timing of an Heir’s Death Matters
What happens if an heir dies during probate? Is it different if they pass away before the decedent?
If one of your beneficiaries dies before you, you could amend your estate plans accordingly. Should they survive you but pass away while probate is ongoing, their inheritance will then go into their own estate, unless your will states otherwise. Their will’s executor or court-appointed administrator will then be in charge of distributing the estate.
Is There a Way To Avoid Probate?
Although it may seem unlikely, there’s always a possibility of an heir passing away before they receive assets from probate. If you want to protect your intended heirs and ensure your assets transfer according to your wishes, you could set up payable-on-death accounts. Naming a beneficiary for your bank, retirement, and investment accounts typically means that person will receive all assets shortly after your death.
In the event that they pass away months after you and your estate still isn’t settled, those payable-on-death assets won’t be part of the probate process.
Establishing a trust may help your loved ones avoid probate altogether. Work with an experienced estate planning lawyer to figure out the right option for you and your loved ones.
Seek Legal Advice in Palo Alto, CA, Amid the Probate Process
What happens if an heir dies during probate? Can dying without a will make the probate process longer and more complex? What are the key aspects of estate planning?
These are just some of the questions that our clients often ask our attorneys. If you need legal assistance during the probate or estate planning process, reach out to Radiant Probate & Estate Law, Inc. Our legal team has years of experience and prides itself on delivering these services with empathy and transparency.
To learn more, give us a call at (650) 493-9200.
