What If There Is No Last Will & Testament?
If you do not have a last will and testament, the state’s intestate succession laws will apply. A loved one will likely need to open a probate case. After the payment of debts, the remainder of your probate estate will be distributed according to the rules of intestate success. Your surviving spouse will receive the remainder of your property if you do not have any descendants or if all your descendants are also the descendants of your surviving spouse. If you have other descendants, your surviving spouse will receive half of your estate and your descendants will receive the other half. If you have no surviving spouse, your descendants will receive all your property.
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