Common Law Order Without Will
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FAQ
If you have no spouse or children, your property will be split among your parents and/or siblings, depending on who survives you: If both parents are still living, ½ goes to Mother and ½ goes to Father. If one parent and siblings (or siblings' descendants) are still living, ½ goes to surviving parent and ½ to siblings.
Distribution of assets if there is no will For a New York resident without a will, a surviving spouse inherits the entire probate estate if there are no children or other descendants.
For a New York resident without a will, a surviving spouse inherits the entire probate estate if there are no children or other descendants. If there are descendants, the surviving spouse gets the first $50,000 and the balance is divided one-half to the spouse and one-half to the decedent's descendants.
In Colorado, if you die without a will, your assets are distributed to your closest relatives under the Colorado interstate succession laws. In various states, the interstate succession process occurs when someone without a valid will or other legal declaration passes away.
Does a will override spousal rights? No, a will does not override spousal rights. Spousal rights are the legal rights that a spouse has to their partner's property and assets. These rights may be enshrined in law or may arise from common law.