What could be the consequences when a person dies intestate owing debts and his personal and real property is distributed according to his verbal wishes and not through probate procedure?

Answer 1

If there is no signed Will (do a search on it) then there is no probate unless this person owns property or has accounts. A search will be done anyway. If there is no note with a date, signature by the deceased as to his wishes re personal effects, truck and motorcycle then this will not stand up in a court of law. It's "verbal heresay." Life insurance can be used to pay off any outstanding debts of the deceased (but seldom is .. check with the Insurance Company.) If the truck and motorcycle were promised to someone such as yourself, then (I shouldn't say this) take it as long as there are no siblings or other relatives that may want it. The elderly will often give away jewelry, etc., to their children long before they pass away and that is legal and a wise thing to do. Verbal heresay holds no bearing and this can often cause big fights in families. Sometimes the elderly get confused and will promise a car, property or expensive jewelry to one of the children or even a friend, then later forget and promise it to someone else. There isn't much you can do about this. In the majority of states when a person dies intestate (w/o a valid written document), ALL property not specified as exempt under state probate laws must be entered into probate proceedings. Before disposing of any assets or real property you need to consult the state statutes or a better option would be to speak with a qualified attorney. This is especially important if the deceased had outstanding debts, by law creditors have the right to file a claim against any and all property left by a deceased that is not protected in accordance with state statutes. If family members take or sell any nonexempt property without the approval of the court they may be held responsible for repayment of any debts owed by the deceased. Property that was given before his death obviously is not affected by probate or other state laws. Additional information: There would be serious consequences regarding the real estate: it could never be sold because the title did not pass legally to the heirs. That is accomplished through the administration of the estate duly allowed by the appropriate court.