If you are not separated at the time your spouse dies and you have no children, you are entitled to all your spouse’s property. If your spouse dies without a will and is survived by you and children (whether children of your marriage or not), then you are entitled to a “preferential” share of your spouse’s estate, in priority to the children.

Estranged spouses/civil partners will still legally be the next of kin to the deceased. This may entitle them to make the funeral arrangements and deal with the estate – potentially alienating any current partner of the deceased. This, to an extent, can be remedied by ensuring that your Will is updated upon any separation.

If the deceased spouse did not have an estate plan in place, the surviving spouse is legally entitled to inherit from the deceased spouse as set forth in their state’s intestate succession law even if the spouses are estranged—and in many states, even if they are legally separated.

With a legal separation, spouses can: Remain on the other person’s health care plan. Make medical and financial decisions as next-of-kin. Inherit the other person’s property upon death. Legally reconcile.

After someone dies, their will goes through a court process called probate, in which a chosen person counts the deceased's assets, settles their debts, and distributes anything left over. To contest the will, estranged relatives must intervene and ask the court to decide whether they're entitled to money or property.