What happens if someone dies with no relatives

Figuring out exactly who should inherit can be complicated depending on state law. Parents who have young children and who make a will typically name someone to serve as the personal guardian of their children.

But if a guardian is needed and there's no will, how does a judge know whom to appoint? In that situation, the court will appoint a guardian. The judge will gather as much information as possible about the children, their family circumstances, and the deceased parents' wishes and try to make a good decision.

The primary rule is that the judge must always act in the best interests of the children. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Intestate succession laws control who inherits property if no will exists. First, it's important to understand that many kinds of assets aren't passed by will, such as: life insurance proceeds real estate, bank accounts, and other assets held in joint tenancy, tenancy by the entirety, or community property with right of survivorship property held in a living trust funds in an IRA, k , or retirement plan for which a beneficiary was named funds in a payable-on-death POD bank account stocks or other securities held in a transfer-on-death TOD account, and real estate or vehicles held with a transfer-on-death TOD deed or title document.

Who's in Charge? Who Gets What: The Basic Rules of Intestate Succession Every state has laws that direct what happens to property when someone dies without a valid will and the property was not left in some other way such as in a living trust.

Understanding Key Terms in Intestate Succession Intestate succession laws refer to groups of people such as "children" and "issue.

Spouse To qualify as a surviving spouse, the survivor must have been legally married to the deceased person at the time of death. Legal separation or pending divorce. If the couple had separated before one spouse died, or if one person had begun divorce proceedings, a judge may have to rule on whether or not the surviving member of the couple is considered a surviving spouse.

Common-law marriage. A few states allow common-law marriages in which a man and a woman who never went through a marriage ceremony can be considered legally married under certain circumstances. Generally, to create a common-law marriage, the couple must live together, intend to be married, and present themselves to the world as married.

Check your state's law to see whether your state recognizes common-law marriage and, if so, under what circumstances. Same-sex couples. After a long period of uncertainty, same-sex marriage is now legal in every U.

Married same-sex spouses also have the same rights and responsibilities as all legally married people. This could be a tricky one if you are a person dying without any known relatives, and establishing a will would do this job quite well in the first place. However, if for some reason the person is not capable of writing a will or has been deemed incompetent by a court system, then this could be a viable option. Granting someone power of attorney over your estate gives them the ability to distribute your finances, belongings, and anything you own to any other party just as the person would.

It also leaves them in charge of paying off any debts and bills the person may have owed. Also, this person will deal with any life insurance claims the deceased may have been eligible for.

Well, depending on where you live and even which state you live in, there are different rules and regulations as to who is liable. If you are learning the lessons of not having life insurance and leaving your loved ones with enough money to cover your final expenses, then see my recommended life insurance brokers for the cover you REALLY need. So, please speak to your lawyer and also have a look at some of my articles listed below:. In the event of sudden death, the golden rule is that the next of kin will handle all affairs of the deceased.

Where this can get tricky is establishing the next of kin. You can look at it in more detail at the law here. This will range from a partner, living immediate family, grandchildren, cousins, second cousins, and finally a legally appointed trustee. Choosing the best funeral home largely depends on the deceased.

What city did they grow up in? What did they enjoy doing in their life? What accomplishments or imprint did they leave on the world? Was the person religious? The answers to these will go a long way to helping you find the right funeral home.

The biggest choice when it comes to the best funeral home to choose would be the city it is located in. Would it be better for the person to have their funeral in a different city to the one in which they died? If the person was a devout catholic for example or committed to any other religion it will make a big difference on which funeral home would be appropriate.

Luckily, this information should be quite easy to find out. Once you know you can find a funeral home affiliated with that religion by searching within the chosen city.

Finding a funeral home that regularly works within a certain religion would make it very easy as they will know the correct procedures. Something else to consider later. Lastly, if the person would like to be cremated or buried is an important thing to know. A child whose parents are not married or have not registered a civil partnership can inherit from the estate of a parent who dies intestate.

These children can also inherit from grandparents or great-grandparents who have died intestate. Adopted children including step-children who have been adopted by their step-parent have rights to inherit under the rules of intestacy. But otherwise you have to be a biological child to inherit.

A grandchild or great grandchild cannot inherit from the estate of an intestate person unless either:. In these circumstances, the grandchildren and great grandchildren will inherit equal shares of the share to which their parent or grandparent would have been entitled.

Example: Abdul has two sons, Iqbal and Ismail. Ismail has one daughter, Habiba. Ismail dies when Habiba is two years old. Abdul dies intestate when she is Habiba inherits Ismail's share of Abdul's estate.

Parents, brothers and sisters and nieces and nephews of the intestate person may inherit under the rules of intestacy. This will depend on a number of circumstances:. Other relatives may have a right to inherit if the person who died intestate had no surviving married partner or civil partner, children, grandchildren, great grand-children, parents, brothers, sisters, nephews or nieces.

The order of priority amongst other relatives is as follows A cousin can inherit instead if the uncle or aunt who would have inherited died before the intestate person. A half-cousin can inherit instead if the half-uncle or half-aunt who would have inherited died before the intestate person.

However, even if you can't inherit under the rules of intestacy, you might be able to apply to court for financial provision from the estate. If there are no surviving relatives who can inherit under the rules of intestacy, the estate passes to the Crown.

This is known as bona vacantia. The Treasury Solicitor is then responsible for dealing with the estate. The Crown can make grants from the estate but does not have to agree to them.

If you are not a surviving relative, but you believe you have a good reason to apply for a grant, you will need legal advice. For more information about bona vacantia go to the GOV. UK website at www. Find out more about getting legal advice. It is possible to rearrange the way property is shared out when someone dies without leaving a will, provided this is done within two years of the death.

This is called making a deed of family arrangement or variation. In many cases, you can make your own copies, but some services require a certified copy. A Notary can make copies for a fee. See Who to Notify. Anyone can order death certificates at any time from the funeral home if used or by contacting the Vital Statistics Agency The BC Coroners Service investigates deaths that are. It also investigates child deaths, deaths in custody and deaths in designated institutions. It makes suggestions to improve public safety.

If you are a victim of a crime, the Crime Victim Assistance Program may be able to provide you with support. If a person dies outside of B. You can transport human remains by air using major airlines in Canada. A funeral home can arrange this for you. You can also use delivery services such as Canada Post.

Contact the method of transportation to see what their regulations and restrictions are. You can arrange for cremation prior to transportation. Depending on the province, you may be able to get a permit to transport the remains in other ways.

If a person dies outside of Canada, contact the nearest embassy or consulate:. You may want to contact the Canadian embassy in the country the person died in.

Give feedback on this website.