Legal Definitions - statute of distribution

A statute of distribution is a state law that dictates how a person's property (their "estate") will be divided and distributed when they die without a valid will. When someone dies without a will, they are said to have died "intestate." These statutes provide a default plan for inheritance, outlining which family members (such as a spouse, children, parents, or siblings) are entitled to receive assets and in what proportions. Historically, these laws often had different rules for real estate (land and buildings) versus personal property (like money, cars, or jewelry), but modern statutes typically apply a unified set of rules. This term is also sometimes called a statute of descent and distribution.

Here are a few examples illustrating how a statute of distribution might apply:

• Scenario 1: A single person with living parents and siblings.

  Imagine David, who was single and had no children, passed away unexpectedly without leaving a will. Both of his parents are alive, and he has two younger sisters. In this situation, the statute of distribution in David's state would determine how his estate is divided. It might specify that if there is no surviving spouse or children, the entire estate goes to the parents. Alternatively, some state laws might divide the estate between the surviving parents and siblings, or prioritize parents over siblings, depending on the specific legal framework.

• Scenario 2: A married person with children.

  Consider Maria, who was married with three minor children when she died without a will. Her estate includes a family home, a retirement account, and a car. The applicable statute of distribution would outline how Maria's estate is divided between her surviving husband and her children. Typically, the spouse receives a significant portion (often a percentage or a specific dollar amount plus a percentage of the remainder), and the children divide the remaining portion equally. The exact percentages and distribution patterns vary considerably from state to state.

• Scenario 3: A person with no immediate family but distant relatives.

  Suppose Robert, a widower with no children, passed away without a will. His parents and siblings had all predeceased him. He has several nieces and nephews (children of his deceased siblings) and a few cousins. In this scenario, the statute of distribution would establish a specific order of priority for relatives. After checking for a spouse, children, parents, and siblings (none of whom are alive), the law would typically look to more distant relatives, such as nieces and nephews, and potentially even aunts, uncles, or cousins, following a predetermined hierarchy until an heir is found. If no legal heirs can be identified through this process, the estate might "escheat" to the state, meaning it becomes state property.