Probate. When a person dies all of their property goes into a probate proceeding. Probate itemizes all the assets of the decedent, resolves all the debts; pays the taxes and distributes the assets. These functions are handled by the executor of the will, who is usually named in the will and confirmed by the court.
The DEFENSE OF MARRIAGE ACT (DOMA) is a Federal law enacted on September 21, 1996 by then President Bill Clinton. The law essentially leaves it up to the States to decide whether to recognize a same-sex marriage performed in another State that permits such actions.
Having understood this clause of the Constitution it is perfectly legal for a State to decide that they wish to authorize and recognize same-sex marriage. What THE DEFENSE OF MARRIAGE ACT specifically pertains to is the right of States to REFUSE to recognize that marriage, even though it is legal in the marital State.aving understood this clause of the Constitution it is perfectly legal for a State to decide that they wish to authorize and recognize same-sex marriage. What THE DEFENSE OF MARRIAGE ACT specifically pertains to is the right of States to REFUSE to recognize that marriage, even though it is legal in the marital State.