Descent And Distribution Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Descent And Distribution, written in plain English, along with examples of how it is used.

What is Descent And Distribution?

n. The law system that settles what heirs will inherit the possessions of a deceased person.

History and Meaning of Descent and Distribution

Descent and Distribution is a legal system that determines who will inherit the property and possessions of a deceased person. This system is governed by state law in the United States and can vary depending on the state. In general, the law states that a person's property will be inherited by their next of kin in a certain order, although this order can be altered by the creation of a will.

Descent refers to the passing of property or possessions from the deceased to their heirs. Distribution, on the other hand, refers to the division of property among those heirs. This process can be complicated as it can involve determining which family members are legally considered to be the deceased person's next of kin, especially in cases where the deceased person does not have a will.

Examples of Descent and Distribution

  1. When John passed away, his assets were distributed according to the laws of descent and distribution in his state. Since he did not have a will, his wife and children inherited his property in equal parts.
  2. After the death of his father, John discovered that he was entitled to the property under the laws of descent and distribution, despite being estranged from his father for many years.
  3. The lawyer helped the family to understand the laws of descent and distribution in their state, in order to determine who would inherit their father's farm after he passed away.

Legal Terms Similar to Descent and Distribution

  1. Probate - The process by which a will is authenticated and a deceased person's property is distributed.
  2. Intestate - Refers to a person who dies without a valid will, resulting in their property being distributed according to the laws of descent and distribution.
  3. Heir - A person who has a legal claim to inherit the property and possessions of a deceased person.