When someone dies without a valid will, this circumstance is known as intestate. The deceasedโs property then passes to their heirs according to the law through a process called intestate succession. How that process plays out varies by state.
What Is Intestate Succession?
In the simplest of terms, if a person doesnโt have a will, the state in which that individual lived essentially creates a will for them through the intestate process. Through intestate succession, a personโs wealth is distributed in a way that the average person might have designated their assets to be distributed.
The most likely candidates to inherit from an estate per the terms of intestate succession are typically as follows: surviving spouse, descendants (starting with children, then grandchildren, and so on), parents, siblings, nephews and nieces, grandparents, aunts and uncles, cousins.
Each state has their own set of intestacy laws which are in charge when it comes to determining heirs, though the matter is not always simple. Sometimes the state where the deceased resided determines his or her heirs. If the decedentโs physical property was in a different state at the time of their death, that stateโs intestacy laws may take precedence.
What Is the Law of Intestate Succession?
The law of intestate succession is a series of laws and statutes unique to each state that explain how the deceased personโs property and accounts will be divided and distributed. This law tells the heirs who gets what part of the estate after debts, claims, taxes, and administrative costs have been covered.
If your loved one died intestate, you may believe that as a family member you are the right person to determine what their wishes might have been for the distribution of money, property, or jewelry. The state, however, doesnโt take any chances. Not every family can deal amicably with the passing of one of its own. In the absence of a will, the state divvies up a personโs real property and personal property.
In the absence of a will, the law of intestate succession takes precedence. Even if you knew what the decedentโs wishes were upon their death, if a valid will does not exist there are no legal exceptions to the situation. Here are some examples of how intestate law works in different states:
Texas Intestate SuccessionLaw
When a person living in Texas dies without leaving a will, their estate is automatically entered into Texasโs intestacy probate process. The Texas probate code dictates how the deceasedโs probate property is then dispersed. The probate process will ensure that the deceased bills and debts are paid out of the estate and once that has been taken care of, the balance of the estate will be distributed to the beneficiaries according to the law.
When the deceased person is survived by direct family, including a spouse, children, grandchildren, great-grandchildren, parents, or siblings, their estate is divided based on decreasing levels of connection to the deceased. Here are a few common scenarios:
Survived by a spouse and biological childrenโ the spouse inherits all of the deceasedโs community property plus one-third of the deceasedโs separate personal property as well as the right to the real estate for the rest of the spouseโs life. The deceasedโs children inherit the balance, and then on to their children and grandchildren.
Survived by a spouse and non-biological childrenโ the spouse inherits one-third of the deceasedโs separate personal property and the right to the real estate for the rest of their lives The deceased spouseโs children inherit everything else, including the deceasedโs one-half interest in the community property, and then on to their children and grandchildren.
Survived by a spouse and no descendants or parents- the spouse inherits the deceasedโs entire probate estate.
Survived by a spouse and parent/s but no descendantsโ the spouse inherits the deceasedโs entire community property, all of the deceasedโs separate personal property, and the right to use one-half of the separate real estate for life. The parent or parents inherit the balance.
Survived by a spouse and siblings but no parents or descendantsโ the spouse inherits all of the deceasedโs community property, all of the deceasedโs separate personal property, and the right to use one-half of the separate real estate for life. The siblings inherit the balance.
Survived by descendants and no spouseโ the deceased personโs descendants will inherit the entire probate estate and then on to their children and grandchildren.
No surviving spouse or close relativeโ If the deceased has no living spouse, children, parents or siblings, their estate passes to nieces and nephews, if any. If there are no nieces and nephews, the property passes to living grandparents, aunts, uncles, great aunts or uncles, or children of any degree. If no exist, then the property passes to the children or descendants of the predeceased spouse. In the case of no surviving family members, the entire estate will escheat to the state of Texas.
Florida Intestate SuccessionLaw
When a Florida resident passes away without writing a will, it results in the process of intestate succession. Florida Probate Code will dictate who inherits the deceased personโs probate estate according to certain circumstances. The following are Floridaโs laws regarding intestate succession:
Survived by a spouse with biological children- the surviving spouse inherits all of the deceased personโs probate estate.
Survived by a spouse with non-biological children- because some of the deceased personโs descendants are not descendants of the surviving spouse (in other words, the deceased person had children from a prior marriage or relationship), the surviving spouse inherits one-half of the probate estate and the descendants inherit the remaining one-half.
Survived by a spouse and no descendants- the surviving spouse inherits all of the probate estate.
Survived by descendants and no spouse- the deceased personโs descendants inherits all of the probate estate, per stirpes (per # of descendants/family inheritors).
Survived by one or both parents- the parents inherit equal shares of the deceased personโs probate estate if both are living, or the surviving parent inherits everything.
Survived by siblings or descendants of siblings and no parents- the deceased personโs siblings and the descendants of deceased siblings (nieces and nephews) inherit all of the probate estate, and on to their children and grandchildren.
Not survived by parents or close relatives: the estate is then divided equally between the grandparents if survived, or aunts and uncles. If none are survived the estate then goes to the deceased spouseโs descendants. In the case of no surviving family members, the entire estate will escheat to the state of Florida.
California Intestate Succession Law
When a California resident passes away without writing a will, the state determines inheritors through Californiaโs probate code. Even if the decedent is not a California resident but just owns real estate there, the California Probate Code intestate succession laws dictate who inherits the belongings. California intestacy laws dictate the following:
Survived by a spouse with biological children- the surviving spouse inherits one-half of the deceasedโs community property (joint ownership of assets between married couples) and one-half/one-third of the separate property, depending on whether the deceased left one child or two or more children. The children inherit the remaining one-half or two-thirds of the deceasedโs separate property, and it is distributed to their children and grandchildren.
Survived by a spouse and no descendants- the surviving spouse inherits the deceasedโs entire estate, including community, quasi-community, and separate property.
Survived by a spouse and a parent(s) and no descendants- the surviving spouse inherits all of the deceasedโs community property and one-half of the deceasedโs separate property. The surviving parent or parents inherit one-half of the deceasedโs separate property.
Survived by a spouse and sibling(s)- the surviving spouse inherits all of the deceasedโs community property and one-half of the deceasedโs separate property. The sibling or siblings inherit one-half of the deceasedโs separate property.
Survived by descendants and no spouse- The deceased personโs descendants inherit the entire probate estate, and on to their children and grandchildren.
Not survived by parents or close relative- the estate would be then be passed to nieces and nephews, then grandparents, great aunts/uncles and so on.In the unlikely circumstance that the deceased person is not survived by any of the aforementioned individuals, the entire probate estate will escheat to the State of California.
