When a Spouse Dies Without a Will

When a spouse dies without a will, state intestacy laws apply to distribute the property; for example, in California, the surviving spouse receives one-half of the community property and one-half of the quasi-community property belonging to the deceased spouse, though other half of the deceased spouse's separate property goes to the decedent's child, grandchildren, parents, or siblings, and the surviving spouse must prove they were legally married to the decedent in court to have a claim to the intestate share, which causes delays in receiving the assets, so it is important to make a will to avoid time and money spent in probate, ensure quick asset distribution to beneficiaries and keep your rights protected.

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