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When to take on an estate with no will — and when to walk away

5 11
31.12.2025

Q: An out-of-state relative with no spouse or descendants has recently died without a will. His assets include an occupied rental house, a van, and various financial accounts. Federal, state, and local property taxes are all delinquent. One creditor is owed $41,000, and there may be other debts. A nephew must decide whether to let things go or assume responsibility for administering the estate. What minimal amount of assets would there need to be to justify the risk of paying for a fiduciary bond and months of untangling a disorganized estate? Any recommendations?

A: To cover legal fees and other expenses, the estate’s assets need to have a value that is at least $25,000 to $50,000 greater than all debts and back taxes.

A few factors should guide his decision. The main one is whether he would be a beneficiary of the estate under state intestacy laws.

When a person dies without a will, state law........

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