Intestate Succession refers to the legal process for distributing the estate of a deceased person who has passed away without leaving a valid will. The term “intestate” originates from the Latin word intestatus, which means “not having made a will.”
Legal Framework
Intestate succession is governed by state or national laws, which vary significantly by jurisdiction. These laws provide a default scheme for distributing the deceased’s assets, typically prioritizing close family members such as spouses, children, and parents.
Key Elements of Intestate Succession
Hierarchical Distribution
The laws of intestate succession prioritize the distribution of assets based on familial relationships. Commonly, the hierarchy is as follows:
- Spouse and Children: The estate is first distributed to the surviving spouse and children. The allocation between spouse and children differs across jurisdictions.
- Parents and Siblings: If there are no surviving spouse or children, the estate may go to the deceased’s parents and/or siblings.
- Extended Family: If no close relatives are found, extended family members such as cousins, aunts, or uncles may inherit the estate.
- Escheat: If no relatives are found, the estate ultimately escheats, or reverts, to the state.
Special Considerations
Minor Children and Guardianship
When the deceased leaves behind minor children, the court may appoint a guardian to manage the inheritance until the children reach adulthood.
Debts and Liabilities
Before distributing the estate, all debts and liabilities of the deceased must be settled. This includes funeral expenses, taxes, and outstanding debts.
Historical Context
Intestate succession laws have evolved over centuries, reflecting societal views on inheritance and family structures. Ancient laws often favored male heirs and patriarchal lineage, whereas modern laws aim for more equitable distributions and consider the rights of all family members.
Applicability in Modern Estate Planning
Differences from Testate Succession
Unlike intestate succession, testate succession follows the directions provided in a valid will. However, even with a will, the estate may still be subject to probate, and certain assets may not pass through the will (e.g., joint-owned property, life insurance).
Community Property vs. Common Law States
In the United States, intestate succession laws can differ significantly between community property states and common law states. Community property states may distribute more of the estate to a surviving spouse, recognizing joint ownership of property acquired during marriage.
FAQs
What happens if a person dies without a will?
Can distant relatives inherit under intestate succession?
Are there any assets not subject to intestate succession?
Related Terms
- Probate: The legal process of administering the deceased’s will or estate.
- Heir: A person legally entitled to inherit some or all of the estate.
- Escheat: The process by which unclaimed or heirless property reverts to the state.
- Administrator: A person appointed by the court to manage and distribute the estate under intestate succession.
Summary
Intestate Succession ensures that the estate of a deceased person is lawfully distributed when they die without a valid will. Governed by statutory laws, this process prioritizes close family members and aims to ensure no eligible heirs are overlooked. Understanding intestate succession is essential for estate planning and recognizing the implications of dying intestate.
References
- “Intestate Succession,” Black’s Law Dictionary.
- “Estate Planning Basics,” NOLO.
- “Uniform Probate Code,” National Conference of Commissioners on Uniform State Laws.
- “Inheritance Law: An Overview,” Legal Information Institute.
