Intestate Succession
What Is Intestate Succession?
Intestate succession is the legal process that determines how a person’s assets are distributed when they die without a valid will.
Each state has its own laws outlining how property is divided among surviving relatives.
Typically, intestate succession prioritizes close family members such as:
- Spouses
- Children
- Parents
- Siblings
If no eligible relatives are found, the estate may eventually pass to the state.
Why It Matters
Without a will or estate plan, individuals lose control over how their assets are distributed.
Intestate succession laws attempt to distribute property fairly among family members, but the results may not reflect what the deceased person actually wanted.
Creating an estate plan helps ensure that assets go to the people or causes you choose.
How Intestate Succession Works
When someone dies without a will, the probate court applies state inheritance laws.
Example: If a person dies without a will and leaves behind a spouse and two children, the estate may be divided according to state-defined formulas.
The court oversees the distribution of assets according to these laws.
Intestate Succession vs Testate Estate
Intestate Succession → Asset distribution when no will exists
Testate Estate → Asset distribution according to a valid will
Estate planning helps avoid intestate outcomes.
FAQs About Intestate Succession
Who inherits first under intestate laws?
Typically spouses and children receive priority.
Do intestate laws vary by state?
Yes. Each state has its own inheritance rules.
Can friends or charities inherit under intestate succession?
Usually no unless they are named in a will.
Related Terms
