Also known as: descend · descends · descended · descending · descents · descendant · descendants · descendible · hereditary succession · lineal succession
Written by attorneys · grounded in primary & secondary sources — see below
The acquisition of real property by law through inheritance from an intestate decedent. Statutes of descent and distribution govern the passage of title to the decedent's heirs without a deed from the transferor.
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Darius Dixon dies without a will and is survived by his spouse and two children. The portion of his estate not passing to the spouse is distributed in equal shares to the children under the rules of representation. Title to the real property vests in the children by operation of law.
A trustee sells trust real property to one of the trustee's own descendants. The transaction is presumed to involve a conflict of interest because the buyer is among the listed related parties. The sale is subject to challenge on fiduciary-duty grounds.
Dylan Duffy dies intestate owning several parcels. The parcels pass directly to his heirs by intestate succession. No deed from the decedent is required for the heirs to obtain record title.
Danielle Dixon dies without a surviving spouse but leaves three children. The entire intestate estate passes by representation to those children. Each child receives an equal share of the real property.
Dustin Donovan dies without descendants but is survived by both parents and a spouse. The portion of the estate not passing to the spouse is divided equally between the two parents. Title to the real property reaches the parents by descent.
Delilah Duran dies without descendants and without a surviving spouse. One of her parents predeceased her but left surviving children. The share that would have gone to the deceased parent passes by representation to those grandchildren.
Property passes by descent when the owner dies intestate. The statutes of descent and distribution then determine the heirs who take title by operation of law.
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When a decedent is survived by descendants, the intestate estate not passing to a spouse is divided by representation so that each surviving descendant or their line receives an equal share.
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The estate not passing to a surviving spouse is distributed to the decedent's parents or, if a parent is deceased, to that parent's surviving descendants by representation.
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