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Intestate Succession


How Property Is Inherited Without a Will

Last Updated August 5, 2008
Millions of Americans, for one reason or another, have never written a will. Should someone die without writing a will, known as dying intestate, then state laws will determine how the estate is divided amongst survivors. The Uniform Probate Code of 1990 serves as the basis for most state law regarding division of intestate property. However, state laws in some cases will vary dramatically from the Code. Provided here is information from the Code.
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Intestate Succession - Selected State Laws

ArizonaArizona Laws > Title 14 > Chapter 2 > Article 1 - Intestate Succession
CaliforniaCalifornia Probate Code > Division 6 > Part 2 - Intestate Succession
DelawareDelaware Code Title 12 > Chapter 5 - Intestate Succession
FloridaFlorida Statutes > Chapter 732 > Part I - Intestate Succession
IdahoIdaho Code Title 15 > Chapter 2 > Part 1 - Intestate Succession
KansasKansas Statutes > Chapter 59 > Article 5 - Intestate Succession
MassachusettsMassachusetts General Laws > Part II > Title II > Chapter 190 - Descent And Distribution Of Real And Personal Property
Massachusetts General Laws > Part II > Title II > Chapter 190A - Effect Of Apparently Simultaneous Deaths Upon Devolution And Disposition Of Property, Including Proceeds Of Insurance
Massachusetts General Laws > Part II > Title II > Chapter 191 - Wills
Massachusetts General Laws > Part II > Title II > Chapter 191A - Disclaimer Of Certain Property Interest Act
Massachusetts General Laws > Part II > Title II > Chapter 191B - Uniform Statutory Will Act
MontanaMontana Code Title 72 > Chapter 11 - Intestate Succession
NevadaNevada Revised Statutes > Chapter 134 - Succession
Nevada Revised Statutes > Chapter 135 - Simultaneous Death (Uniform Act)
New YorkNew York Laws - Estates, Powers & Trusts > Article 4 - Descent and Distribution of An Intestate Estate
New YorkNew York Laws > Estates, Powers &Trusts > Article 4 - Descent And Distribution Of An Intestate Estate
New York Laws > Surrogate's Court Procedure > Article 10 - Intestate Administration
North CarolinaNorth Carolina General Statutes Chapter 29 - Intestate Succession
North DakotaNorth Dakota Code > Chapter 30.1-04 - Intestate Succession
OhioOhio Code > Title 21 > Chapter 2105 - Descent And Distribution
Rhode IslandRhode Island General Laws > Chapter 33-1. Rules of Descent
TennesseeTennessee Code > Title 31 - Descent And Distribution
TexasTexas Probate Code > Chapter II - Descent And Distribution
Texas Probate Code > Chapter III - Determination Of Heirship
VirginiaVirginia Code Title 64.1 > Chapter 1 - Descent and Distribution
WisconsinWisconsin Statutes Chapter 852 - Intestate succession

 

Questions & Answers: Intestate Succession

How can a beneficiary of an irrevocable living trust defeat the surviving spouse's right to an elective share of it? ...
Debby, I am not a Tennessee estate planning lawyer, but it appears that in Tennessee any assets transferred before death through an irrevocable trust might be disregarded when calc...
My husband does not have a will. He has two children from a previous marriage. All real estate & vehicles have been acquired during our marriage of 9 yrs. & are either in both our ...
My mom and dad passed away. Well, he was my stepdad, and raised me since I was 4. I am now 45 but together they had a child. My mom and dad bought land and a home, etc. but my dad ...
Louise, I am sorry for your loss. Your stepfather passed away after your mother? And you were never adopted by your stepfather? Without a will, if a widower dies, their property is...
Wisconsin Inheritance Law Question - Heirs to Decendent's Estate -- Brother and Nephew (Son of Deceased Sister) - Nephew dies before Decedent's Estate is Final - Nephew has a Fathe...
 
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