Intestate Succession

Question 1

Define

Intestate Succession

Answer 1

The statutory method for distributing assets that are not disposed of by will. Property may pass by intestate succession where:

• The decedent died without making a will
• The decedent’s will is totally ineffective
• The decedent’s will does not dispose of all his property

Question 2

Intestate Share of a Surviving Spouse

Answer 2

• If the decedent is not survived by descendants, the surviving spouse inherits the entire estate.
• Where the decedent leaves surviving issue, the surviving spouse shares equally with the children.
  
  • If there are more than three shares, the wife receives ⅓ of the estate and the children split the other ⅔ equally.

Question 3

Intestate Share of Descendants

Answer 3

Children of the decedent take equally, taking into account any advancements. Issue of deceased children stand in the place of the latter and take per stirpes. Put simply, each living child takes a share, and the share of each deceased child who left descendants passes to those descendants.

Question 4

Intestate Share if Decedent Not Survived by Spouse or Descendants

Answer 4

Estate passes to the decedent’s parents, who share equally.

Question 5

Intestate Share if Decedent not Survived by Spouse, Descendants, or Parents

Answer 5

The estate passes to the brothers and sisters of the decedent in equal shares. Descendants of deceased brothers and sisters stand in their place.

Question 6

Rule for Adopted Children

Answer 6

An adopted child inherits as a natural child under the laws of intestacy and takes as a natural child under the provisions of any testamentary instrument, unless expressly excluded.

Question 7

Rule for Nonmarital Children

Answer 7

A nonmarital child has full inheritance rights from the child’s mother and her kin. The child can inherit from the father and his kin if, during the lifetime of the father, the father claims the child in some manner.