Idaho Decree Vesting Estate in Surviving Spouse

Most married couples own most of their assets jointly. Assets owned jointly between husband and wife pass automatically to the survivor.This requires the will to be probated and an executor to be appointed in order to secure the assets. There are exceptions to the probate requirement for estates of $50,000 or less.

This law states that no matter what your will says, your spouse has a right to inherit one-third or one-half (depending on the state and sometimes depending on the length of the marriage) of your total estate. To exercise this right, your spouse has to petition the probate court to enforce the law.

Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will.

Non-UPC Elective Share RightsThe remaining 21 states only allow a disinherited spouse to take a portion of the deceased spouse's probate estate. As a result, in these 21 states, the deceased spouse can completely disinherit the surviving spouse by leaving no assets that require probate.

The surviving spouse has the right to Family Exempt Property.The surviving spouse has the right to receive Letters of Administration, which means that ahead of all other family members, he/she has the right to serve as the Administrator when someone dies intestate.

If you die without a will or the person named in the will can't serve as executor, the probate court will choose an executor. State law dictates who has priority to serve. The surviving spouse usually has first priority, followed by children. If there is no spouse or children, then other family members may be chosen.

The Spouse Is the Automatic Beneficiary for Married People A federal law, the Employee Retirement Income Security Act (ERISA), governs most pensions and retirement accounts.

The surviving spouse has the right to Family Exempt Property.The surviving spouse has the right to receive Letters of Administration, which means that ahead of all other family members, he/she has the right to serve as the Administrator when someone dies intestate.