Inheritance laws regulate who is entitled to inherit what from the estate of a deceased relative, as well as the conditions and limitations that apply to this right.
Inheritance Spouses
Most states permit surviving spouses to claim either 1/3 to 1?2 (depending on the jurisdiction) of the deceased spouse's estate, commonly referred to as the proper "elective share" under the statute, to prevent anyone from becoming disinherited. This is true regardless of the terms of the will, and usually despite them. These law provisions apply only if a surviving spouse petitions the court for their share per the statute. If they do not object to receiving less, the will is honored, and the decedent's last wishes will be fulfilled as instructed.
When a childless couple passes away, their property and belongings are passed on to their partner (if they were married) or their next of kin.
State laws apply rules that make a will invalid if the testator (person making the will) makes a patently unreasonable disposition. For example, if a will provides for the distribution and disposition of every chair, table, and other wooden objects in the testator's home but does not mention any automobiles, the will may be invalid depending on the state's laws.
