Does a spouse automatically inherit everything?
balance
AI Paralegal AnswerDoes a surviving spouse automatically inherit everything? Intestacy (dying without a will) splits property by state formula—often not 100% to spouse if children from another relationship exist. Community property states treat marital assets differently than common law states. [1][2]
Will
A valid will can disinherit a spouse only within state elective share / community property limits—many states give a spouse a minimum share.
Elective share
Surviving spouse may elect against the will to claim a statutory portion.
Planning
Joint tenancy and beneficiary designations pass outside probate and can override expectations. [1]
AI-Generated Information. Consult a licensed attorney for official legal advice.