Can I leave my spouse out of the Will?

In most states, a will is unable to disinherit a spouse. The spouse has the right to claim a share of the estate, which must be done through court. She must file a claim into court and confirm that she is due a share of the estate and the court must then put a hold on the probate of the estate and look to the provisions of the state.

There a few states that are community property states that will not allow a will to disinherit a spouse. The surviving spouse is automatically entitled to half of the assets.

If you are thinking of disinheriting your spouse you must get some legal advise before you put in writing as you want to be sure that these wishes can fulfilled.