Frequently Asked Questions
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. Another applies to the non-marital share of your estate, or if you are not married: . Interestingly, your surviving spouse only gets all of your probate estate if you die intestate “without issue”, meaning without any living descendants at all. Otherwise, if you die intestate and are married, your spouse will receive one-half or more of your probate estate, together with his or her survivorship to your joint and beneficiary designation assets in his or her favor.