Also known as: descent and distribution statute · descent and distribution · statutes of descent and distribution · intestacy statutes · intestate succession laws
Written by attorneys · grounded in primary & secondary sources — see below
A statutory scheme that determines how a decedent's property passes to heirs when the decedent dies without a valid will. The scheme identifies classes of takers such as a surviving spouse, descendants, parents, and more remote kindred under a parentelic system of priority. Title to real property passes by operation of law at death without any deed from the decedent.
Elias died intestate owning a rental house in his own name. Horizon Property Services had managed the leases but held no deed. Carla, Elias's niece and sole heir under the intestacy statute, claims title in a quiet title action. Title passed to Carla by operation of law upon Elias's death.
Diego died intestate survived only by his husband Aaron. Diego had no children and his parents had predeceased him. His niece Lila claimed an informal adoption but none occurred. Aaron receives the entire estate under the governing intestacy statute.
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A bank executive devised her condo to Park Fund by will. Unpaid taxes created a lien before death. After death the city sold the condo at tax sale to Blake who recorded the deed. Blake holds superior title because the tax sale transferred ownership by operation of law.
Decedent died intestate survived by his nonmarital daughter Roger and his marital son Ian. State statute barred nonmarital children from inheriting. Roger managed a dealership profitably and was publicly acknowledged but the statute prevented her from taking any share.
Priya died intestate survived by her husband Daniel. Her mother had disappeared years earlier with no death decree. No descendants survived. Daniel takes the entire estate because the missing mother is not treated as a surviving parent.
Leo died intestate survived by his second spouse Maria and his nephew Carl. Leo had no living children or parents. Carl claimed an informal adoption but none was formalized. Maria receives the entire estate under the intestacy rules.
A surviving spouse takes the entire intestate estate when the decedent leaves no surviving descendants and no surviving parents. The statute looks to legally recognized relationships rather than informal family ties. A niece or nephew therefore receives nothing under these facts.
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An adopted child is treated as a full member of the adoptive family for inheritance purposes. Most statutes including the UPC treat the child as a descendant of the adoptive parents and cut off inheritance from genetic parents when the adoption removes the child from both genetic families.
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Most intestacy statutes use the parentelic system. The first parentela consists of the decedent's own descendants. If none survive the second parentela of the decedent's parents and their descendants takes next followed by grandparents and their descendants.
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A tax sale conducted pursuant to statute transfers title by operation of law and can confer superior title even after death but before distribution. The preexisting lien gives the sale priority over interests arising under the will.
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…to their illegitimate children. To the extent that other policies are not considered more important, legislators enacting state intestate succession laws probably are influenced by the desire to reflect the natural affinities of decedents in the allocation of estates among the categories of heirs. See Mathews v. Lucas , 427 U. S., at…