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Laws of Intestacy
Dying intestate simply means dying without any type of formal estate plan. When you die without either a will or a trust, the laws of the States of Nevada and California have already made the decision as to how your property will pass to your heirs.

It is important to remember, however, that even though your estate will eventually be distributed to your heirs, it will not pass pursuant to any wishes that you may have had during your lifetime. In essence when you die intestate, you create an estate plan by “default.” There is no guarantee that your property will be distributed in a manner that you may have wanted if you would have died with a formal estate plan.

You should also keep in mind that under the laws of both states, when you die without a formal estate plan, your estate must still be probated in order for your property to pass to your heirs.

Dying with a Will
When you die with a will, this means that during your lifetime, you had a formal document prepared which set forth your testamentary wishes. You provided for the distribution of your assets to the beneficiaries of your choice. This, of course, usually guarantees that your property will pass pursuant to your wishes with the help of your executor, whom you have also named in your will.
However, as with intestacy, when you die with a will, before your property can be distributed to your beneficiaries, your estate must be probated.

As set forth in the section on Probate on this website, having to probate your estate is very costly and time consuming. Accordingly, probates should be avoided wherever possible.

 

 

 

 





Scales of Justice

 

DISCLAIMER THE MATERIAL CONTAINED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS THE DISSEMINATION OF LEGAL ADVICE TO ANYONE BY THE ATTORNEY.