If a married person who has children dies without leaving a will, their spouse and dependents are often allotted a percentage of the estate by the state. (In Hollywood terms, they get a take of the gross box office before all the other expenses, like creditors or other beneficiaries, are paid.) Depending on the state, the allotted inheritance may be a set dollar figure or a percentage of the estate. The state will allocate between one-third to one-half of the estate to the spouse, and the rest to the children. (The thought of your kids, regardless of their age, with half your money to spend should be enough to get you writing that will now!)

When a married person with no children dies without leaving a will, their spouse still only receives between one third and one half of the estate. The remaining property is allocated to the deceased person's parents. If the parents are no longer living, the property is allocated to the deceased person's siblings.

If a single person who has children dies without leaving a will, all of the property is allocated to the children. If a single person with no children dies without a will, the estate is allocated to the deceased person's parents. If they are no longer living, the deceased person's siblings become the rightful heir. If there are no siblings, the deceased person's uncle or cousin may inherit all or part of the property.

Tossing Out the Will:
There are times when the surviving spouse and/or children can play "Let's Make A Deal" with the state. Instead of getting what is stipulated in the will, the surviving spouse can "renounce" the will and take the share of the estate provided by state law. These amounts can be sizable. For example, a spouse in Ohio would be entitled to $60,000 right off the top of the estate before bills are paid or any other beneficiaries given their bequests.