Simple English definitions for legal terms
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Hereditary succession is when someone dies without leaving a will, and their property and belongings are given to their closest living family members. This is decided by the laws of the state where the person lived. The people who inherit the property are called hereditary successors.
Hereditary succession
Hereditary succession is when a person's property or estate is passed on to their closest living relative after they die without leaving a will. This process is also known as intestate succession and is determined by the state's intestacy laws. The person who inherits the estate is called a hereditary successor.
If someone dies without a will, their estate will go through probate court. Let's say John dies without a will and has no living spouse or children. According to the state's intestacy laws, his estate will be inherited by his parents. If his parents are no longer alive, then it will go to his siblings. If he has no siblings, then it will go to his grandparents, and so on.
Another example is if someone dies with a will, but it is found to be invalid. In this case, the estate will also go through probate court and be distributed according to the state's intestacy laws.
These examples illustrate how hereditary succession works in practice. When someone dies without a will, their estate is distributed to their closest living relatives based on the state's laws. This ensures that the property is not left unclaimed and goes to someone who is related to the deceased.