If you die without a will the court will decide who keeps your property. Your state’s intestate laws will take the place of any verbal wishes you may have told to someone before you died. Your surviving family members inherit your assets after probate according to how closely related to you they are.
For example, if you are married with children, your spouse will generally inherit half of your property and the rest will go to your children. hen a decedent is married and has children, the spouse receives part of the estate and the children receive the rest. If you are unmarried at the time of death and you have children, your property will be divided equally among your children. If you are not married and have no children, your parents may inherit your estate. If your parents are already deceased, then your property will pass to your siblings. However, if you have no surviving spouse, children, parents, or siblings, then your grandparents, aunts, uncles, and cousins may claim your estate.
If you die without a trust, your estate will go through probate and the intestacy laws will still take the place of any verbal wishes you may have told someone before you died.