Intestate succession

Definition

Intestate succession refers to the process by which a person's assets and property are distributed upon their death when they have not left a valid will. This legal framework ensures that the deceased's estate is allocated according to predetermined laws rather than personal wishes, typically favoring close family members. It is a crucial aspect of inheritance law that outlines how assets should be handled in the absence of testamentary instructions.

5 Must Know Facts For Your Next Test

1. Intestate succession laws vary by jurisdiction, determining how assets are divided among heirs based on familial relationships.
2. Typically, spouses and children are prioritized in intestate succession, receiving larger portions of the estate than more distant relatives.
3. If no eligible heirs exist, the estate may escheat to the state, meaning that the government takes ownership of the assets.
4. Certain jurisdictions have statutes that allow for non-traditional family structures, including domestic partners or adopted children, to inherit under intestate laws.
5. The process of intestate succession can often lead to disputes among family members, making it essential for individuals to consider creating a will.

Review Questions

• How does intestate succession differ from testate succession in terms of asset distribution?
  • Intestate succession differs from testate succession in that it applies when an individual dies without a valid will, resulting in their assets being distributed according to state laws rather than personal wishes. In testate succession, the deceased’s will directs how their property should be allocated among chosen beneficiaries. This distinction highlights the importance of having a will, as intestate laws may not reflect the deceased's intentions regarding their estate.
• What role do heirs play in intestate succession, and how are they determined?
  • Heirs play a crucial role in intestate succession as they are the individuals legally entitled to inherit the deceased's assets. The determination of heirs is based on statutory provisions that prioritize close relatives such as spouses and children, with more distant relatives receiving lesser shares. The specific hierarchy and distribution depend on the laws of the jurisdiction, emphasizing the importance of understanding these rules to navigate inheritance matters effectively.
• Evaluate the potential consequences of not having a will and relying solely on intestate succession for estate distribution.
  • Relying solely on intestate succession without a will can lead to significant consequences, including unintended distributions of assets that may not align with the deceased's wishes. Families may face disputes over asset division as statutory laws dictate who inherits rather than personal preferences. Moreover, certain relatives who might have been favored in a will could receive nothing under intestacy laws. This lack of control can create emotional strain within families and complicate the administration process during an already difficult time.

Related terms

Testate Succession: Testate succession is the distribution of an estate according to the deceased's valid will, which specifies how their assets should be allocated among beneficiaries.

Heirs: Heirs are individuals who are legally entitled to inherit the assets of a deceased person under intestate succession laws.

Probate: Probate is the legal process through which a deceased person's will is validated, or, in cases of intestacy, where their estate is administered and distributed according to applicable laws.