A decedent's legal heirs-at-law and next-of-kin are determined by the state laws of intestacy for purposes of inheritance. You can check out your state intestacy laws at the related question link below.
The names of all the known next-of-kin must be listed on the petition for administration by which some qualified person petitions to be appointed the Administrator of the estate.
When a will is presented to the probate court for the appointment of the Executor the petition for probate must list the names of all the next-of-kin even if they are not named as beneficiaries under the will.
When a person dies and has no heirs or next of kin their property "escheats" to the state.
The heirs-at-law are determined by each state and set forth in the laws of intestacy. You can check your state laws at the related question link provided below.
When an estate is intestate and has no identifiable heirs, the assets typically pass to the state. This process is known as escheat, where the state takes ownership of the property after a legal process confirms that there are no heirs. The specific laws regarding escheat can vary by jurisdiction, but generally, the state becomes the ultimate beneficiary of the deceased's assets.
To properly conduct probate, all natural heirs are notified. Beneficiaries named in the will are also notified.
You are asking if the spouse can inherit property instead of the heirs. I assume the heirs were listed in a will. In the United States, inheritance is in a state court. Each state has its own law. Without seeing the actual will, I can not comment on it. However it sounds like a mess. In this state it is difficult for a person to disinherit a spouse. I do not know about where you live. I would suggest seeing a local lawyer.
Probate records are public. Anyone can request the file and read through to see how the estate was distributed.
If a man dies intestate with no heirs, his estate typically escheats to the state, meaning the government takes ownership of the property and assets. The specific process and laws governing this can vary by jurisdiction, but generally, the estate is settled according to state laws. Before this occurs, the state may conduct a search for any potential heirs or claimants. If none are found, the property becomes state property.
Historically, under feudal law when a land tenant died without heirs the land would escheat back to the lord. Today when a person dies with no heirs their property escheats to the state. If a legitimate heir comes forward later with proof of their relationship they can claim the property. The state has no interest in taking property from rightful heirs.
No. Louisiana is the only forced heir state. You can read more about it at the related question link.
If the named beneficiaries are no longer living, they had no heirs and there are no other heirs-at-law under the state laws of intestacy, the estate would 'escheat' (pass) to the state. You can check the laws of intestacy at the related question link provided below.
In North Carolina, heirs have the right to inherit a portion of the deceased person's estate as determined by state laws of intestacy if there is no will. Heirs also have the right to challenge a will if they believe they were unfairly excluded or if they have valid legal grounds. Additionally, heirs have the right to be informed about the probate process and receive an accurate accounting of the estate.
Only you know what you want them to know.