Intestate Succession

Question 1

Intestate Succession

Answer 1

Any property not passing by valid will or operation of law will be governed by a state’s intestacy statute.

Question 2

Decedent Leaves only a surviving spouse and no issue.

Answer 2

Surviving spouse will receive entire estate.

Some UPC states = portion of estate goes to decedent’s parents.

Question 3

Decedent leaves surviving spouse & issue

Majority of States

Answer 3

Majority: surviving spouse will receive certain portion & issue will take percentage

Question 4

Decedent leaves surviving spouse & issue

UPC

Answer 4

Surviving spouse will receive entire estate if all issue are from surviving spouse

Question 5

Decedent does not have surviving spouse

Answer 5

Estate passes to decedent’s issue

Question 6

Decedent has no spouse/issue

Answer 6

1) parents
2) siblings
3) remote ancestors
4) more remote ancestors