Walk It Through: No Will
All to the spouse in some families, $225,000 plus half in others, and an affidavit after thirty days.
A man dies without a will, survived by his wife and a son from a prior marriage.
Two things a person in this spot might do. Picking one shows what the law says about it.
Two deaths in one family. Wills, property that passes outside the probate estate, and claims for medical assistance are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Intestate estateWhat passes by law when a person dies without a will. The surviving spouse takes the entire intestate estate when there is no descendant of the decedent, or when every descendant is also the spouse's and the spouse has no other.
- Affidavit for collectionThe affidavit that, with a certified death record, lets a claiming successor collect a decedent's money or property thirty days after the death, where the entire probate estate, less liens and encumbrances, does not exceed $75,000.
- Damage depositThe deposit a landlord returns with interest, or explains in a written statement of the specific reason for keeping any part, within three weeks after the tenancy ends and the landlord receives the tenant's mailing address.