Intestate Succession Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Intestate Succession, written in plain English, along with examples of how it is used.
What is Intestate Succession?
according to the laws of inestate succession, property of the deceased person who has not made a legal will would be divided amongst his legal heirs and surviving spouse according to the laws of descent and distribution and marital rights.
History and Meaning of Intestate Succession
Intestate succession refers to the legal process that determines the distribution of property or assets of a person who dies without a valid will. When someone dies intestate, their property is distributed to their heirs and surviving spouse according to the laws of the state in which they reside. This process has been in existence for centuries, and it is based on the idea that people have a natural right to dispose of their property as they see fit, but when they fail to do so, the state will intervene to ensure that the property is distributed fairly.
Examples of Intestate Succession
- John dies without a will, leaving behind his wife, two children, and his parents. His property will be divided among these heirs in a manner defined by state law.
- When Mary dies, she has no surviving spouse or children, but she does have a brother and two sisters. Her property will be divided among them according to the laws of descent and distribution.
- After Sarah's death, her cousin discovers that she had no will. As her closest living relative, the cousin will inherit all of Sarah's property according to the laws of intestate succession.
- When Michael dies without a will, the state court is responsible for determining who will inherit his estate. The court will follow the laws of intestate succession to distribute his assets.
Legal Terms Related to Intestate Succession
- Will: A legal document that specifies a person's wishes for the distribution of their property after death.
- Probate: The legal process for administering the estate of a person who has died, including paying off debts and distributing property to heirs.
- Heir: A person who is entitled to inherit the property of a decedent according to the laws of intestate succession.
- Descent and Distribution: The legal rules that determine the distribution of property of a person who dies without a will.
- Intestacy: The state or condition of a person dying without leaving a valid will.