What You Need To Know
What Happens if You Die Without a Will
If you die without a will, the state, and not you, will decide how your property is to be distributed. In most states, your property will be distributed as follows:
First, all of your community and joint property will pass to your spouse (if you have one). Second, your separate property will pass according to these rules:
- If you have a spouse, your spouse receives:
- All of your property if you leave no children, parents, siblings, nieces or nephews
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Half of your property if you leave one child or one or more parents, siblings, nieces or nephews
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One-third of your property if you leave two or more children
- All property not given to a spouse is distributed to the following persons, in this order:
- Your children
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Your parents
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Your brothers and sisters, or, if they are not living, their children
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Your grandparents, or, if they are not living, their children (i.e. your uncles and aunts)
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Children of your deceased spouse
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Relatives of your deceased spouse
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The State of your legal residence
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