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The assets are transferred to the closest family member (if any). Most people have people whom they do not consider family, but in some cases this can be the person to whom the assets are transferred. In the case of a married person, the assets would be transferred to their spouse.

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Q: What happens to a married person's assets when he dies without a will?
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If Dad had no assets Do you need probate?

Not if there are no assets at all. A will is simply a document that transfers a persons property to other persons after death. If there are no assets to be transferred, then there is nothing for the will to do.


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It will go into the probate process. The assets and debts will be resolved according to the will or the intestacy laws.


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Some or all of the deceased assets will be liquidated to pay for the debts before any remaining assets can be divided by the survivors or distributed as decreed in his/her will. If there are not enough assets to cover the debts, the court will divide the assets somewhat equitably. If the deceased was married, the debt will be passed on to the spouse.


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