What is Intestacy?
Intestacy is term used to describe someone who dies without a will.
Do I still need to go to probate if I die without a will?
Even if you die without a will your estate will still need to be probated however you will have an administrator instead of a personal representative. A personal representative will be appointed by the court since there is no will.
How will my assets be distributed if I die without a will?
How your estate will be distributed if you were to pass away intestate depends on the status of your family. If you have a surviving spouse and children, your spouse will receive half of your estate and your children will receive the other half equally distributed. If you have a surviving spouse and no children, your spouse will receive half of your estate and your parents will receive the other half. If you have no surviving spouse but have children, your children will receive your entire estate in equally divided shares. If you have no surviving spouse or children, your parents will receive your entire estate. Oklahoma has provisions beyond these distributions as well. If you have no surviving spouse, children, or parents, your estate will go to more distant relatives such as siblings, grandparents, aunts and uncles, your cousins, and even to your spouse’s relatives in some cases.