Also known as: legitimæ successio · successio legitima · legitimate succession · intestate succession
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A method of succession to property upon death governed by statute rather than by will or deed.
The rules determine the shares that living class members receive by treating the designated ancestor as having died intestate at the time the interest takes effect in possession.
A method of succession to property upon death governed by statute rather than by will or deed.
Select any source to read its text and confirm it supports the definition.
The rules determine the shares that living class members receive by treating the designated ancestor as having died intestate at the time the interest takes effect in possession.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
After Lamar Lewis died owning rental property, the probate court entered an order distributing the parcels to his two children under the state descent statute. No deed from the estate was required. The order itself transferred marketable title that the children later recorded.
Lucy Liu proved paternity through a court order and sought a share of her father's intestate estate alongside his legitimate children. The court held that denying her an equal share violated equal protection and awarded her the same fractional interest the legitimate children received.
Lorenzo Lugo died in a work accident leaving both legitimate and illegitimate children who had relied on his support. The court ruled that the illegitimate children were entitled to the same workers' compensation death benefits as the legitimate children under the governing statute.
Laura Lewis petitioned for the entire intestate estate after her husband died. The court first determined she remained a surviving spouse under the separation decree and then awarded her the full share because all surviving descendants were also her descendants.
Lance Lee sought to inherit from his biological father under Louisiana law that barred acknowledged illegitimate children from sharing equally with legitimate children. The court upheld the statute and denied Lance an equal share in the estate.
No. Transfers by operation of law or by will pass title without a deed from the transferor, although a fiduciary may later execute a confirmatory deed.
Supporting sources
A state may not deny illegitimate children equal inheritance rights when the classification is not substantially related to an important governmental interest such as the orderly settlement of estates.
Supporting sources
Illegitimate children who are dependent on the deceased worker receive the same benefits as legitimate children because both groups qualify as dependent children under the statute.
Supporting sources
Lars Lindstrom left a trust directing distribution of farmland to his descendants without specifying shares. When the trust terminated, only three grandchildren were alive. The court applied the governing statute and awarded each grandchild the one-third share that would have passed under intestacy if Lars had died at termination owning the land.
The statute treats the designated ancestor as having died intestate at the moment the interest becomes possessory and distributes the property in the shares the living class members would then receive under the applicable intestacy law.
Supporting sources
…this case is the constitutionality of § 12 of the Illinois Probate Act[^maj-1] which allows illegitimate children to inherit by intestate succession only from their mothers. Under Illinois law, legitimate children are allowed to inherit by intestate succession from both their mothers and their fathers.[^maj-2] I Appellant Deta…