That's right, the surviving spouse may get nada . Obviously, the division of property becomes much more complicated if there are children from prior marriages, if the heirs do not agree to the disposition of property, etc. In short, if you do not plan ahead by drafting a Will, a difficult situation can become a nightmare. I mentioned that the disposition of property upon death should be a private affair. Unfortunately, Wills in the US are subject to a court process known as probate.
Probate stateside can be expensive and the proceedings are a matter of public record.
Probate in the US can also be time consuming. Thus the true value of a Will, besides making sure that your wishes are taken into consideration, is to make the probate process in the US proceed more smoothly, saving time, money and hassles. Otherwise, if the estate has to be distributed by the courts, it may take as long as one year for assets to be distributed to your loved ones. More complex estates, involving real property and businesses, can be tied up in the courts for as long as two years. Additionally, assets are restricted in the court's jurisdiction, not allowing the family access to checking accounts, to sell real property, or to liquidate assets.