When a person passes away without leaving a will and without descendants, a situation called “intestate succession” arises. In this case, the state intervenes to distribute the deceased’s estate according to a legally established order of priority. Below, we explain how this process works and who the most likely heirs are.
Intestate Succession: How Does It Work?
In intestate succession, the deceased’s assets are distributed according to state laws. Each state has its own rules, but in general, the law establishes a priority order to determine who inherits in the absence of a will and direct descendants, such as children. This order varies based on the familial relationship with the deceased and is based on kinship.
Priority Order for Heirs
When there are no descendants or a will, the most likely heirs are usually the following:
- Spouse: In most states, if the deceased was married, the spouse inherits all or most of the estate. In some places, even without children, the spouse may receive 100% of the assets.
- Parents of the Deceased: If there is no surviving spouse, the deceased’s parents are generally next in line for succession. The estate will be divided equally between both parents, or given to the surviving parent if only one is alive.
- Siblings and Their Descendants: If there is no spouse or living parents, the deceased’s siblings (including half-siblings in some states) may inherit the estate. If a sibling has passed away, their children may receive their share.
- Other Close Relatives: In the absence of a spouse, parents, or siblings, the deceased’s grandparents and aunts or uncles are usually next in the order of priority. If grandparents have passed away, uncles and aunts may inherit. If there are no uncles or aunts, cousins may be considered as heirs.
- Distant Relatives: In cases where there are no close relatives, the state may seek other distant relatives, such as second or third cousins, to distribute the deceased’s estate. However, this depends on each state’s specific laws and the complexity of locating these relatives.
What Happens if No Heirs Are Found?
In the rare case that no heirs are found, the deceased’s estate may become the property of the state. This process is called “escheat,” allowing the state to take ownership of the assets. Escheat laws vary by state, but generally, the state will exhaust all options to locate heirs before claiming the assets.
The Importance of Estate Planning
While intestate succession offers a method to distribute the estate in the absence of a will, it may not reflect the deceased’s wishes. Drafting a will allows you to have full control over who inherits your assets and to prevent the state from deciding the fate of your estate. Additionally, a clear will can minimize family disputes and reduce the time and costs of the probate process.
Protect Your Estate and Ensure Your Wishes
If you want to ensure that your assets are distributed according to your wishes, we recommend considering estate planning. Contact us today at +1 (305) 921-0976 or email us at [email protected] for personalized assistance in creating a will and other estate planning tools. We are here to help you protect what matters most!
