Simple English definitions for legal terms
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Vacant succession is when someone dies and no one can be found to inherit their property. This usually happens when the people who were supposed to inherit the property are no longer alive or they don't want to inherit it. The property will then go to the state or another entity designated by state laws. The court will try to find heirs for a certain amount of time before appointing an administrator to help. The definition of an heir depends on state laws, but it usually includes close family members like children or siblings.
Definition: Vacant succession occurs when no heirs to an estate can be found or those that are known predeceased the testator or rescinded their inheritance. This usually happens when property is being distributed under a will, not as an intestate succession. If no heir can be found, the property will escheat back to the state or other entity designated by state intestacy laws. Courts will allow a certain time to pass for heirs to claim the inheritance and often will appoint an administrator to try and find heirs. Vacant succession usually refers to when not only the chosen beneficiaries cannot be found, but no heirs at all can be found.
Example: John wrote a will leaving his estate to his two children, but both of them died before him. John did not update his will, so there were no other beneficiaries named. The court tried to find other heirs, but no one could be found. This is an example of vacant succession, and John's estate will escheat back to the state.
Explanation: In this example, John's estate is subject to vacant succession because no heirs could be found. Even though John had named beneficiaries in his will, they predeceased him, and he did not update his will to name new beneficiaries. The court tried to find other heirs, but none could be found. As a result, John's estate will escheat back to the state.