Define: Intestate Succession

Intestate succession is the legal process by which the estate of a deceased individual is distributed when they die without a valid will or without leaving instructions for the distribution of their assets. In cases of intestacy, state laws known as intestate succession laws dictate how the deceased’s property is distributed among their heirs. These laws typically prioritize close family members, such as spouses, children, parents, and siblings, in a predetermined order of priority. The specific rules for intestate succession vary by jurisdiction, but they generally aim to distribute the deceased’s assets in a fair and equitable manner among their surviving relatives. Intestate succession laws provide a default distribution scheme to ensure that the deceased’s property does not remain unclaimed or escheat to the state but instead passes to their next of kin according to the statutory hierarchy established by law.

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This glossary post was last updated: 29th March 2024.