What Happens When There is No Will?

What happens when there is no will?

What would happen to my estate if I die without leaving a will? This is a question in many people’s mind. There is nothing that makes you worry in this. If a person dies without leaving a valid will then this state is called as intestacy. In this state according to the law governed by the state there are few basic beneficiaries. The government won’t be taking over all your property as many people think, unless you don’t have close relatives.

If you have kids, whether they are from legal marriage or not they are eligible to receive the share of the estate equally. There is a legal formula based on which actually the property is shared among the relatives and given. If you leave your spouse without any children then the spouse gets the whole of your property without any problems and concerns of share. The spouse is generally referred as de facto in legal terms. There are some conditions for the sole spouse. The spouse referred should be the only sole partner of the decedent and also he or she should be the partner of single person and should not share relationship with others.

Usually the share is done based on the formula which says that entire property will be given to the spouse if there are no children and if there are children then the first 150 thousand dollars would got for the spouse and the remaining will be shared among the children equally. If there is no spouse then the estate is equally shared among the children.