My husband or wife died without a Will.

A deceased person without a Will is “intestate‚” If the decedent had children with a previous husband or wife other than the surviving spouse, those children may have an interest in part of the estate. If the deceased person left property held as joint tenants with right of survivorship (JTWROS) then the surviving joint tenant/s will have a right to that particular property. If someone dies without a Will and there are no children by a previous spouse, and there are no other people with ownership interests in property the decedent left, then the surviving spouse probably will be entitled to all the property left by the decedent. Whether or not there will need to be a probate of the decedent’s estate is another question.

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