Intestate Succession

Question 1

When does intestate succession apply?

Answer 1

Any time property is not disposed of 1) by operation of law or 2) through a valid will.

Note: Property not accounted for by the will or a residuary clause passes by intestate succession.

Question 2

What happens if the decedent only leaves behind a spouse?

Answer 2

If the decedent leaves only a spouse, in most states the surviving spouse receives the entire estate.

In some states & under the UPC, parents & their issue may receive a share.

Question 3

What happens if the decedent leaves behind a spouse and issue?

Answer 3

In most states the
surviving spouse will receive a certain portion of the estate & the issue will take a percentage.

Under the UPC, the surviving spouse takes the ENTIRE estate IF all surviving issue are issue of the surviving spouse.

Question 4

What if the decedent leaves no surviving spouse?

Answer 4

If there is no surviving spouse, the estate
passes to the decedent’s issue.

Question 5

What is the order of priority when no issue or spouse?

Answer 5

Unless statute states otherwise:

1. Parents.
2. Sisters & Brothers.
3. Nieces and Nephews.
4. Remote ancestors.

Question 6

How are assets distributed via Per Capita At Each Generation?

Answer 6

This is the most common approach.

• First generation.
• Remainder of any predeceased individuals is pooled and divided evenly amongst that person’s issue.

Question 7

Per Stiripes

Answer 7

Shares are divided evenly among living children and then issue gets differing amounts based on how many are in each branch.