If my husband dies and has no will what happens to his estate?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband dies and has no will what happens to his estate?

He has children from a previous marriage and we had one together.

Asked on October 29, 2016 under Estate Planning, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First of all, as to any assets that you hold title to jointly, typically as the surviving spouse you would be entitled to them outright. As to any assets that your husband held in his name alone, the "intestacy" or "succession" laws of the state in which he is domiciled as of the date of his death will control. By way of explaination, when somone dies without a Will, they are said to have died "intestate". This is where state statute intervenes. Typically, in such a case the surviving spouse is entitled to 1/2-1/3 of their late spouse's estate and the remainder is evenly distributed to the children of the deceased. However, each state has it own specific rules. At this point, you can check online for the appplicable state law or consult directly with a local probate attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption