when a person dies without a valid will it is said that they have died intestate this means that the state becomes the executor of the estate it decides how to distribute the property and who receives payment first without consideration for a family s circumstances the court can even establish guardianship arrangements based on its determination of the best interests of the children 
the probate laws in most states divide property among the surviving spouse and children of the deceased for example a resident of arizona new mexico california texas idaho nevada washington louisiana or wisconsin who dies without a valid will must have their estate divided according to the community property laws of the state community property laws recognize both spouses as joint property owners 5in effect the distribution hierarchy starts with the surviving spouse who almost invariably receives at least half the decedent s estate they may receive the entire estate if the decedent leaves no living children or grandchildren 