If the couple is still husband and wife at the time of death, then the surviving spouse has his or her inheritance rights. A Will would still be probated and the surviving spousal would have to determine what the spousal rights to the estate would be. If there is no Will, then the surviving spouse is entitled to a share by the laws of intestate succession. The share depends on whether there are children, and how many.
Answered on Oct 12th, 2016 at 6:11 PM