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This depends on the particular state that you live in. This is called the law of intestate succession, and a person that dies without a will is said to have died intestate. It is strictly a matter of state law. However, in virtually all of the states, if the spouse dies without a will, the wife is entitled to a significant portion of the estate, and the rest is then distributed to the children or the siblings, as the case may be.

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Q: If husband dies without a will is wife entitled to the estate?
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