What is the Effect of Marriage or Divorce on a Will?

Marriage revokes as will in its entirety unless it is expressly contemplated in the will. Divorce or annulment revokes only the disposition of property to (or fiduciary appointment of) the former spouse, as though he or she has predeceased the testator, unless the will expressly provides otherwise.

What Happens to the Decedent's Property When there is No Will?

When a decedent dies without a will ("inestate"), his or her property is distributed to his/her heirs at law according to statutory formula. The laws are inflexible and make no exceptions. The law provides that after payment of the expenses of administration, funerals, last illness, debts, taxes and any family allowances, the decedent's property is divided as follows:

If the deceased leaves issue, the surviving husband or wife takes one-half of the personal property and one-half of the real estate. The balance goes to the issue. If the deceased leaves issue but no spouse, all real and personal property goes to the issue. If the deceased leaves no issue, but there are kindred, the surviving husband or wife takes the entire first $200,000 and one-half of the remaining real estate. The balance goes to the kindred. If the deceased leaves no issue and no kindred, the surviving husband or wife takes all of the personal property and all of the real estate. If the deceased leaves no spouse, no issue and no kindred, all of his property passes to the state. The law makes many other provisions depending on the circumstances.