What happens when you die without a Will?
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What happens when you die without a Will?
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Asked on March 16, 2018 under Estate Planning, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When someone dies without a Will, they are said to have died "intestate". This means that the laws of the state in which they were domicilied at the time of their death will control just how their estate is distributed. In most states this means the heirs are the surviving spouse, if any, and the children of the deceased. The exact share that each is entitled to depensd on specific state intestacy or "succession" law. Typcially it's 1/2-1/3 to the spouse and the remainder to be split among the childen.
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