Intestate Succession

Question 1

majority rule for intestate share of children and other descendants

Answer 1

per capita with representation

Question 2

per capita with representation

Answer 2

The property is divided in equal shares at the first generational level at which there are living takers. Each living person at that level takes a share, and the share of each deceased person at that level passes to his issue by right of representation.

Question 3

classic (or strict) per stirpes

Answer 3

One share passes to each child of the decedent, regardless of whether there are living takers at that level. A deceased child’s descendants take the child’s share by representation.

Question 4

per capita at each generational level

Answer 4

initial division of shares at the first generational level at which there are living takers, but the shares of deceased persons at that level are combined and then divided equally among the takers at the next generational level. Persons in the same degree of kinship to the decedent always take equal shares.