Legal Definitions - descent

In legal terms, descent refers to the process by which real property (such as land or buildings) is transferred to a person's legal heirs when that person dies without a valid will. It describes the acquisition of property by operation of law, rather than through specific instructions left in a will.

Here are some examples illustrating the concept of descent:

• Example 1: Simple Intestate Succession

  Mr. Henderson owned a vacation cabin outright but passed away unexpectedly without ever writing a will. He is survived by his two adult children. According to the state's laws of intestate succession (rules for distributing property when there is no will), his children are his legal heirs.

  This illustrates descent because the vacation cabin will pass directly to Mr. Henderson's children by operation of law, as dictated by the state's inheritance statutes, rather than through any specific directive from Mr. Henderson himself.

• Example 2: Property Division Among Multiple Heirs

  Mrs. Kim owned a commercial building and a piece of undeveloped land. She died without a will, leaving behind her husband and three grandchildren (whose parents, Mrs. Kim's children, had predeceased her). State law specifies how property is divided in such situations, often giving a portion to the surviving spouse and another portion to the grandchildren as representatives of their deceased parents.

  The commercial building and land will pass to Mrs. Kim's husband and grandchildren by descent. The specific shares each heir receives are determined by the state's intestacy laws, which legally define the transfer of ownership in the absence of a will.

• Example 3: Tracing Distant Relatives

  Ms. Davies, a single individual with no children, parents, or siblings, owned a small apartment building. She passed away without a will. The local probate court had to trace her family tree to identify her closest living relatives, who turned out to be a first cousin once removed.

  The apartment building will transfer to this distant cousin by descent. Even without a direct, immediate family member, the law provides a framework for identifying legal heirs and transferring property when no will exists, ensuring the property passes according to established legal principles.