When a person dies, the prime suspect is always the surviving spouse.
If either husband or wife dies intestate and there are no descendants the whole of the estate passes to the survivor; if there are descendants the surviving spouse has the use of the homestead for the remainder of his or her life, an absolute title to one-third of the other real estate of the deceased, and to personal property limited to $1000 besides wearing apparel.
The descent of the estate of a husband dying intestate is the same as that of a wife dying intestate; if there is only one child, or the issue of only one child, the surviving spouse is entitled to one-half of the estate; if more than one child, to one-third of the estate; and if no children, father, mother, brother or sister, to the whole of the estate.
If either husband or wife dies intestate and leaves no issue the surviving spouse is entitled to the entire estate of the deceased, both real and personal.
However, your surviving spouse will not necessarily get the whole of your estate.
