Intestate Succession

Question 1

When does property pass by intestate sucession?

Answer 1

(1) Total Intestacy – When a decedent dies without having made a will or when their will is died probate.

(2) Partial Intestacy – When a decedent’s will does not dispose of all of the decedent’s property either because a gift has failed or because the will contains no residuary clause.

Question 2

Heirs

Answer 2

Persons who take by intestacy; Can include parents, children, spouses, grandchildren.

Question 3

Martial Property – Choice of Law

Answer 3

Governed by the law of the domicile; the common law marital property system.