Legal Definitions - hereditary succession

Hereditary succession refers to the legal process by which a deceased person's property and assets (their "estate") are distributed when they die without having created a valid will. This process is also commonly known as intestate succession.

When someone passes away without a will, state laws, rather than the deceased person's personal wishes, dictate how their estate will be divided among their surviving family members. A court, typically a probate court, oversees this distribution to ensure it follows the specific rules set by the state's intestacy laws, usually prioritizing the closest living relatives.

Here are some examples illustrating hereditary succession:

• Example 1: Spouse and Children
  Michael passes away suddenly without a will. He is survived by his wife, Emily, and their two young children. Because Michael did not leave a will, his estate will be distributed through hereditary succession. The state's intestacy laws will determine how his assets are divided, typically allocating a portion to Emily and the remainder to their children according to a predefined legal formula.

• Example 2: No Spouse or Children, but Living Parents
  Sarah, a single woman with no children, dies unexpectedly without a will. Her parents are both still alive. In this scenario of hereditary succession, Sarah's estate would be distributed based on her state's intestacy laws. Since she has no spouse or direct descendants, the law would likely designate her parents as the primary inheritors, receiving her assets in accordance with the state's established order of priority for relatives.

• Example 3: Distant Relatives
  Robert, an elderly bachelor, passes away without a will. He had no spouse or children, and his parents and siblings had all passed away years ago. He does, however, have a living aunt and several cousins. Through hereditary succession, Robert's estate would go through probate. The court would apply the state's intestacy laws to identify his closest living relatives. In the absence of immediate family, his aunt and potentially his cousins would be considered as inheritors, following the specific legal hierarchy established by the state for more distant family members.