The laws of intestate succession -- the law of intestacy, as it is called -- vary from jurisdiction to jurisdiction. These laws generally favor the spouse, children and grandchildren and then parents and grandparents, then brothers and sisters.

A surviving spouse generally inherits at least one third; surviving children generally divide the remainder. If there are no children, the entire estate generally passes to the surviving spouse.

The estates of divorcing couples who die without a will are governed by the law of intestacy.

See also Dower; Curtesy.

Don't Forget to Visit Our Online Support Community

Your Suggestion

1. Death Comes to Us All
   Making a will is an understandably easy decision to postpone because most people do not like thinking about their own mortality. A failure to do so, however, can cost loved ones money (in taxes that can be avoided). And at the least, property distribution under the laws of intestacy slows the settlement of an estate. For most couples, a mirror-image will (all to him from her, all to her from him) is easy and inexpensive. A young couple with children should always remember that both of them could die at the same time in an accident. Most lawyers recommend the election of primary, secondary and tertiary beneficiaries.
   Contributed on 7/6/2007 by: DivorceDex.com Staff

   Category: Estate Planning  (Applicable in All States)

Contribute Tip/Fact