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The next of kin (i.e surviving spouse) must apply for Probate. Under English Law if the person who died did not make a will then the deceased died intestate as such the surviving spouse is only entitled to receive part of the estate. Please see Probate help below for more details

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15y ago
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14y ago

The surviving spouse should consult with an attorney who specializes in probate. Generally, in the United States, it is not possible to disinherit your spouse. Generally, although state laws may vary, a surviving spouse has the right to claim a statutory share in the estate. An attorney could review your situation and explain your options under your state laws.

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12y ago

Generally, the man's estate must be probated at a considerable expense and the property will pass to the widow according to the state laws of intestacy after his debts have been paid. The widow may receive all or part depending on state laws. You can check the laws in your state at the related question link.

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Q: What happens if husband dies and leaves the house in his sole name to children of a previous marriage and nothing to the wife?
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