If one partner passes away during a marriage and there is no will, the distribution of the deceased partner's assets will generally be determined by the laws of the state or country where the couple resided. These laws are known as intestacy laws, and they provide a default framework for distributing the assets of individuals who die without a valid will.
The legal rights of the surviving partner in such a scenario will vary depending on whether the jurisdiction follows a community property or common law property system.
Community Property States (e.g., California, Texas, Arizona):
- In community property states, generally, all assets acquired during the marriage are considered joint community property, regardless of which partner earned them. Each spouse has a 50% ownership interest in the community property.
- When one partner dies without a will, their 50% share of community property will usually pass to the surviving spouse automatically.
Common Law Property States (e.g., New York, Florida, Illinois):
- In common law property states, assets are typically owned by the spouse who acquired them, and there is no automatic right to inherit the deceased partner's assets.
- When one partner dies without a will in a common law property state, the surviving spouse's rights to the deceased partner's assets will depend on whether the state is a community property state or an equitable distribution state.
- In equitable distribution states, the court will look at various factors and may divide the assets between the surviving spouse and other heirs in a fair and equitable manner.
It's important to note that laws can be complex and can change, so it's advisable for the surviving partner to seek legal advice from an attorney who specializes in probate and estate law to understand their specific rights and obligations based on their jurisdiction's laws.
When a person dies without a will, the process of distributing their assets is known as probate. Probate involves proving the validity of the will (if there is one), appointing an executor or administrator to handle the estate, identifying and valuing the assets, paying any debts or taxes, and distributing the remaining assets according to the applicable laws.
To avoid uncertainties and ensure that assets are distributed according to their wishes, individuals are encouraged to create a valid will and periodically review and update it as needed.