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What happens if my relative died without a Will?

If a person does not have a Will and passes with property in their own individual name, the decedent’s assets will be distributed as follows:

  1. If there is a surviving spouse but no surviving children, the surviving spouse will inherit the entire estate.
  2. If there is a surviving spouse and surviving children who are all also the current spouse’s children, the surviving spouse will receive $20,000.00 plus 50% of the remaining estate. The surviving children or their descendants will equally divide the other 50%.
  3. If there is a surviving spouse and surviving children who are not all also the current spouse’s children, the surviving spouse will receive 50% of the estate and the surviving children or their descendants will equally divide the other 50%.
  4. If there is not a surviving spouse, the entire estate will be distributed equally to the decedent’s children or their descendants.
  5. If there is no surviving spouse, children or descendants, the entire estate will be distributed equally to the decedent’s father, mother, brothers and sisters, or their descendants.
  6. If there is no surviving spouse, children, descendants, father, mother, brother or sister, the entire estate will be distributed equally to the decedent’s grandfathers, grandmothers, uncles and aunts, or their descendants.

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The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information and materials on this Web site are provided for general informational purposes only, and are not intended to be, and is not, legal advice. This Web site attempts to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

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