Does an intestate estate automatically go to a surviving spouse?

In New Hampshire, the answer to the question whether an intestate estate automatically goes to a surviving spouse is both “yes” and “no.” In general, if there are no children or descendants of deceased children, the surviving spouse will inherit the entire estate. However, if there are children or descendants of deceased children, the surviving spouse is only entitled to a fraction of the estate, while the remaining portion will go to the children or descendants of deceased children. To figure out exactly what the surviving spouse is entitled to in terms of an intestate estate in New Hampshire, it is important to note that the surviving spouse can only receive one-third of the estate if there is a single living child or descendant of a deceased child, while the remaining two-thirds is divided among the living and deceased children and their descendants. Meanwhile, if there are two or more children or descendants of deceased children, then the surviving spouse is only entitled to one-half of the estate, with the remaining half being divided among the living and deceased children and their descendants. In summary, while a surviving spouse in New Hampshire may inherit part of an intestate estate, they are not necessarily entitled to the entire estate. Depending on the number of living children or descendants of deceased children, the surviving spouse may only be entitled to a fraction of the estate, while the remaining portion is divided among the living and deceased children and their descendants.

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Does an intestate estate automatically go to a surviving spouse?

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