Will Rules

Distribution of your estate when you die intestate or have not made a valid will

The legal rules governing the distribution of your property apply:

* When you have not made a will
* When the will has been denied probate because it has not been made properly or a challenge to it has been successful
* When the will does not completely deal with all your possessions.

In these cases, after debts and expenses have been deducted, the estate is distributed in the following way.

If you are survived by:

* A spouse but no children (or grandchildren): your spouse gets the entire estate.
* A spouse and children: your spouse gets two-thirds of your estate and the remaining one-third is divided equally among your children. If one of your children has died, that share goes to his/her children.
* Children, but no spouse: your estate is divided equally among your children (or their children).
* Parents, but no spouse or children: your estate is divided equally between your parents or given entirely to one parent if only one survives.
* Brothers and sisters only: your estate is shared equally among them, with the children of a deceased brother or sister taking his/her share.
* Nieces and nephews only: your estate is divided equally among those surviving.
* Other relatives only: your estate is divided equally between the nearest equal relationship.
* No relatives: your estate goes to the state.