While I am not an attorney and I recommend you consult with one, the following is my understanding: If you have a will, you can determine how your estate is to be handled. If you don;t have a will there is a hierarchy of who would get your estate, most likely it would be your husband, if you did not have one other heirs would be sought out. Either way the estate would have to go through probate in the courts. If you don't want to have to wonder about how it will be handled, just get a will. You could even form a trust, but that is a whole other story. Any way you look at it, I would contact an attorney for assistance.