Legal Definitions - inheritance

Inheritance refers to the property that is passed down to an heir through the laws of descent and distribution. This property is acquired when a person dies without leaving a valid will or trust, and is overseen by a probate court following each state's laws of intestate succession.

• If a person dies without a will and has a living spouse, the spouse is usually entitled to the largest share of the estate.
• If a person dies without a will and has no living spouse or children, their estate would pass to the next closest relative or to the state if no relative can be found.

These examples illustrate how inheritance works when a person dies without a will. The laws of intestate succession vary from state to state, but generally, only a decedent's spouse and relatives are entitled to an inheritance.