Legal Definitions - intestate succession

Intestate succession is the legal process that determines how a person's property and assets are distributed when they die without a valid will or other legally binding instructions for their estate.

Instead of the deceased person's wishes, the laws of the state where they resided at the time of their death dictate who inherits their property. These state laws establish a specific order of priority for heirs, typically prioritizing a surviving spouse and children, followed by parents, siblings, and more distant relatives. If no legal heirs can be identified, the assets may ultimately transfer to the state.

Here are some examples illustrating intestate succession:

• Example 1: A Family with a Surviving Spouse and Children

  Mr. Henderson, a married man with two young children, tragically passes away in an unexpected accident. He had always intended to create a will but never got around to finalizing one. Because he died without a will, his estate will be distributed according to the intestate succession laws of his state. These laws will determine how his assets, such as his house, bank accounts, and investments, are divided between his surviving wife and children, following a specific formula set by state statute.

• Example 2: A Single Individual with Living Parents and Siblings

  Ms. Chen, a single professional with no children, dies suddenly. She owns a condominium and has a significant savings account, but she never drafted a will. Her parents and a brother are still alive. Under the rules of intestate succession in her state, since she has no spouse or children, her assets would likely pass to her parents, and potentially her brother, according to the specific hierarchy outlined in her state's probate laws.

• Example 3: An Elderly Person with Distant or No Known Relatives

  Mr. Davies, an elderly widower with no children, passes away. He has not had contact with any relatives for many years, and his closest living relatives are a grand-niece and a grand-nephew he barely knows, living in another country. He dies without a will. The state's intestate succession laws would initiate a search for his legal heirs. If the grand-niece and grand-nephew are identified as his closest living relatives according to the state's statutes, they would inherit his estate. However, if no legal heirs can be found after a diligent search, his assets might ultimately "escheat" (pass) to the state itself, demonstrating the ultimate outcome when no statutory heirs exist.