Rephrased in Professional Pointer Format

Common Misconceptions About Wills, Trusts & Probate

• Many people are unfamiliar with wills, trusts, and probate because these are topics we avoid until necessary.

• Understanding the basics helps debunk common myths and ensures proper asset protection.

1. Do Assets Automatically Go to the State?

• In most states, laws vary; however, a surviving spouse and minor children often share the deceased’s assets.

• Assets go to the state only when no legal relatives can be identified. This process is known as escheat—a rare occurrence.

• If even a distant relative (e.g., an uncle’s grandchild) is found, the state does not receive the estate.

• Key Tip: Always create a will to clearly specify how your assets should be distributed. It is simple, affordable, and prevents uncertainty.

2. Is Probate Always Delay-Prone?

• Probate delays are usually due to the mandatory creditor-claim period defined by state law.

• This waiting period allows creditors to file claims before the estate is distributed.

Role of Probate / Estate Lawyers

• Probate lawyers (also called estate lawyers) assist with:

  • Drafting wills

  • Managing estate administration

  • Advising on powers of attorney

  • Serving as executors or estate administrators

• Their responsibilities depend on whether the deceased left a will or trust.

• Estate planning lawyers guide executors and beneficiaries through the complete probate process—from identifying assets and legal heirs to distributing inheritances.

Asset Distribution After Death

When There Is a Will

• The will undergoes probate to verify its validity and execute its instructions.

When There Is No Will (Intestate)

• Under The Hindu Succession Act, 1956, if a Hindu male dies without a will:

  • First, property is distributed among Class I heirs.

  • If no Class I heirs, distribution moves to Class II heirs.

  • If neither Class I nor Class II heirs exist, the estate passes to agnates, then cognates.

  • If no relatives exist, the estate ultimately goes to the Government.

Class I Heirs Include:

• Sons

• Daughters

• Widow

• Mother

• Son of a pre-deceased son

• Widow of a pre-deceased son

• Son of a pre-deceased son of a pre-deceased son

• Widow of a pre-deceased son of a pre-deceased son

Class II Heirs Include:

• Father

• Son’s / Daughter’s Son

• Son’s / Daughter’s Daughter

• Brother

• Sister

• Daughter’s / Son’s Son

• Daughter’s / Son’s Daughter

• Daughter’s / Daughter’s Son

• Daughter’s / Daughter’s Daughter

• Brother’s Son

• Sister’s Son

• Brother’s Daughter

Legal Heirs Under Parsi Personal Law (Section 54, Indian Succession Act, 1925)

• Both parents

• Brothers and sisters, and their lineal descendants

• Maternal and paternal grandparents

• Children of both sets of grandparents and their lineal descendants

• Great-grandparents (maternal and paternal)

• Children of great-grandparents and their lineal descendants

Why a Proper Will Is Essential

• Families often face significant challenges when no will exists.

• Claiming property becomes time-consuming, costly, and legally complex.

• A skilled Will & Probate Lawyer ensures:

  • Faster processing

  • Proper documentation

  • Smooth transfer of assets

  • Minimization of disputes

Our Commitment 

WE EMPOWER YOU TO RECLAIM YOUR TOMORROW,  TODAY !!!