Intestate Succession

Question 1

Intestate succession

Answer 1

Any property not passing by a valid will or by operation of law will be governed by a state’s applicable intestacy statute.

Question 2

Intestacy when there is only a surviving spouse and no issue

Answer 2

In most states, the surviving spouse will receive the entire estate.

But some UPC states provide that a certain portion of the estate will be given to the decedent’s parents and their issue (siblings).

Question 3

Intestacy when there is a surviving spouse and issue

Answer 3

In most states, the surviving spouse and the issue will each take a certain percentage.

Under the UPC, the surviving spouse will receive the entire estate if all issue are issue of the surviving spouse.

Question 4

Intestacy when there is no surviving spouse

Answer 4

The estate passes to the decedent’s issue.

Question 5

Intestacy when there is no surviving spouse or issue

Answer 5

Estate passes to the decedent’s surviving parents equally, or to one parent, or to issue of decedent’s parents if parents are dead.

Question 6

Classic per stirpes

Answer 6

Minority intestacy distribution method.

One share passes to each child of the decedent, regardless of whether there are any living takers at that level; if the child is deceased, that child’s share passes to his descendants by representation.

Question 7

Per capita with representation

Answer 7

Majority intestacy distribution method.

Property is divided into equal shares at the first generational level at which there are living takers, with the shares of each deceased person at that level passing to his issue by right of representation.

Question 8

Per capita at each generational level

Answer 8

Modern intestacy distribution method.

Initial division of shares is made at the first generational level at which there are lviing takers, but the shares of deceased persons at that level are combined and then divided equally among the takers at the next generational level.

Question 9

When does an intestacy statute apply?

Answer 9

1. When the decedent dies without a valid will,
2. When the decedent’s will is denied probate, or
3. When the will doesn’t dispose of all the property.