It is a common assumption that if you do not have a Will, and pass away, that your spouse will inherit everything. While each state has its own unique laws that outline how property is handled, in most states it is not automatically assumed that the spouse will gain all of your possessions and assets.
Community property states will grant all joint assets to the surviving spouse. Assets that were owned seperatlely are typically divided between the surviving spouse, any children and the parents of the deceased, if they are alive.
The state rarely takes possession of an estate, even when no Will exists. Only in situations where there are no living relatives, even distantly related ones, will the state take ownership of your estate.
It is important to note that not all states consider domestic partners to be equal to that of legally married spouses in regards to the division of assets. Even in states with the most liberal laws regarding domestic partnerships, it is best to have a Will outline your beneficiaries if you are leaving your estate to a domestic partner.
