In most states, the surviving spouse or registered domestic partner, if any, is the first choice. Adult children are usually next in line, followed by other family members. If no probate proceeding is necessary, there won’t be an official personal representative for the estate.

Generally, only spouses, registered domestic partners, and blood relatives inherit under intestate succession laws; unmarried partners, friends, and charities get nothing. If the deceased person was married, the surviving spouse usually gets the largest share.

If you die without a will, it means you have died “intestate.” When this happens, the intestacy laws of the state where you reside will determine how your property is distributed upon your death. This includes any bank accounts, securities, real estate, and other assets you own at the time of death.

Children If there is no surviving spouse or civil partner, the deceased’s children should be regarded as their next of kin (except if they are under 18). 3. Parents If the person who died has no surviving spouse or civil partner, and no children over 18, their parents are considered their next of kin.

The term usually means your nearest blood relative. In the case of a married couple or a civil partnership it usually means their husband or wife. Next of kin is a title that can be given, by you, to anyone from your partner to blood relatives and even friends.

When a person dies, their property passes to their personal representative. The personal representative then distributes the deceased’s person’s assets (money, possessions and property) in accordance with the law, the will – if there is one – or the laws of intestacy if there is no will.

If your husband died and your name is not on your house’s title you should be able to retain ownership of the house as a surviving widow. If your husband did not prepare a will or left the house to someone else, you can make an ownership claim against the house through the probate process.

In California, the intestacy law gives your property to your closest relatives, either a surviving spouse or your children.

The deceased person’s children would be first in line to be his or her heirs at law. If the decedent has no living children, but they have grandchildren, then their grandchildren would be next in line as heirs at law. If any of them are alive, they are the heirs at law.

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law: Spouse of the deceased. Children of the deceased (Son/ Daughter) Parents of the deceased.

No state has laws that grant favor to a first-born child in an inheritance situation. Although this tradition may have been the way of things in historic times, modern laws usually treat all heirs equally, regardless of their birth order.

Since there is no will, you will need to bring a petition under the laws of the state where mom died (or where she owned assets) asking the court to appoint you as Personal Representative (or Administrator) of the estate. This is called an intestate estate, which means mom or dad died without a will.

When an account holder dies, the next of kin must notify their banks of the death. This is usually done by delivering a certified copy of the death certificate to the bank, along with the deceased’s name and Social Security number, plus bank account numbers, and other information.

Here are kinds of assets that don’t need to go through probate:

• Retirement accounts—IRAs or 401(k)s, for example—for which a beneficiary was named.
• Life insurance proceeds (unless the estate is named as beneficiary, which is rare)
• Property held in a living trust.
• Funds in a payable-on-death (POD) bank account.

If the person dies at home unexpectedly without hospice care, call 911. Have in hand a do-not-resuscitate document if it exists. Without one, paramedics will generally start emergency procedures and, except where permitted to pronounce death, take the person to an emergency room for a doctor to make the declaration.

In general, death only has a scent under certain circumstances and conditions. Dr. Jawn, M.D. notes that, “for the most part, there is no smell that precipitates death, and there is no smell immediately after death.”

To Do Immediately After Someone Dies

1. Get a legal pronouncement of death.
2. Tell friends and family.
3. Find out about existing funeral and burial plans.
4. Make funeral, burial or cremation arrangements.
5. Secure the property.
6. Provide care for pets.
7. Forward mail.
8. Notify your family member’s employer.

Leave the area untouched apart from any attempt at resuscitation. If the death was expected, perhaps due to a terminal illness, you should contact the deceased’s GP or nearest doctor. If it happened during the night, you do not need to contact the doctor until the following morning unless you want to.

A death should be registered within five days but registration can be delayed for another nine days if the registrar is told that a medical certificate has been issued. If the death has been reported to the coroner you cannot register it until the coroner’s investigations are finished.

California law defines individuals who can obtain an authorized copy of a death certificate as: The registrant (person listed on the certificate) or a parent or legal guardian of the registrant.

Life support The purpose of cardiopulmonary resuscitation (CPR) during cardiac arrest is ideally reversal of the clinically dead state by restoration of blood circulation and breathing. However, there is great variation in the effectiveness of CPR for this purpose.