In cases where there is no will, the inheritance law states that the estate still has to go through probate so that any creditors will get paid. Each state has its own procedure to follow in the case where there is no will, but the end result is that the family members do get any inheritance that may exist in the estate. The normal procedure is that if there are no children, the surviving spouse automatically gets the full estate. If there are children, then the division depends on the number of dependants. For example, the spouse receives one-half of the estate if there is one child and one-third if there is more than one child. In the event of each partner holding separate properties, the spouse receives the full value of the estate if the deceased does not have any surviving brothers and sisters.


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