If two people are married and one dies, does all property and money automatically go to the surviving spouse?
Are you an attorney? Sign up to answer this question.
Legal Answers Categories
Wills, Trusts, Probate Law Answers
Not necessarily. Anything that is jointly held passes by operation of law - or automatically as you say - to the other spouse. But if there is anything that is not held jointly then a probate proceeding has to be filed either to probate a Will or distribute through the intestacy statutes. Speak with an estate planner. Good luck.
Related Wills, Trusts, Probate Questions
- Spouse's Legal Rights on Deceased's Spouse's Assets
- Can I avoid the federal estate tax by leaving everything to my spouse?
- When a Person Dies without a Will in California: How the Assets are Distributed and to Whom
- When a Person Dies without a Will in New York: How the Assets are Distributed and to Whom
- Joint Will
Didn't find your answer? Ask.
Top Ranking Attorneys
- Kevin Bessant432 Answers|Points 5850Gold Contributor
- Madan Ahluwalia104 Answers|Points 1900Silver Contributor
- Kenneth Berger33 Answers|Points 1630Bronze Contributor
- Harun Kazmi60 Answers|Points 840Bronze Contributor
- Hong Shen528 Answers|Points 800Platinum Contributor
- Jason Ostendorf12 Answers|Points 600Bronze Contributor
- Hong Shen528 Answers|Points 26400Platinum Contributor
- Kevin Bessant432 Answers|Points 21580Gold Contributor
- Steven Fromm113 Answers|Points 5430Silver Contributor
- Madan Ahluwalia104 Answers|Points 5170Silver Contributor
- Kelly Broadbent93 Answers|Points 4600Silver Contributor
- Glenn M. Lyon, Esq.93 Answers|Points 4530Silver Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here