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LSDefine
Simple English definitions for legal terms
intestate succession
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A quick definition of intestate succession:
Intestate succession is what happens when someone dies without leaving a will. This means that the law decides how their things will be given to their family. The law has a list of who gets the things first, like the spouse and children, and then other family members. If there is no family, the things might go to the state. The rules for this can be different in each state and can change over time. For example, even if someone wasn't married, their partner might still get some of their things.
A more thorough explanation:
Intestate succession is a legal process that happens when someone dies without leaving a valid will or other legally binding document that says how their assets and property should be given out. Instead, the distribution of assets is decided by the laws of intestacy in the state where the person died.
The laws of intestacy set up a specific order for how assets should be given out. Usually, a surviving spouse and children are given priority, followed by other close relatives like parents and siblings. If there are no surviving relatives, the assets may go to the state.
For example, if someone dies without a will and they have a spouse and children, the spouse and children will usually get the assets. If they don't have a spouse or children, their parents or siblings may get the assets.
The rules of intestate succession can be different in each state and can change over time based on legal decisions. For instance, in the case of Estate of Roccamonte v. United States, the court decided that even a common-law spouse could get a share of the deceased partner's assets, even if they weren't legally married.