Intestate Succession

Question 1

Share of the surviving spouse

Answer 1

Question 2

Share of children

Answer 2

Per capita at each generation: those in the same generation always inherit the same amount.

Per capita with representation (“modern per stirpes”): Heirs receive the representative shares of their parents.

Question 3

Special considerations: Who is a child for purposes of intestate succession?

Answer 3

(1) adopted children
(2) children born out of wedlock
(3) half-bloods

Note: stepchildren are not considered children for purposes of intestate succession.

Question 4

Distribution when there is no spouse and no children

Answer 4

Question 5

Methods of distribution

Answer 5

(1) Parentelic method of determining heirship (under the UPC and in most states): The nearest common ancestor will take before a more distant ancestor. Thus, the issue (child) of an intestate’s parents take before any issue of the intestate’s grandparents.

(2) Consanguinity method (minority law): This civil law method is to pick out the degree of relationship to the decedent.

Question 6

Advancements

Answer 6