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If there is no spouse or descendants, the testator's parents and/or their descendants (collateral relatives of the testator) inherit the estate. If there are no parents or descendants of parents, grandparents and other collateral relatives inherit the estate per capita.?
Intestate succession is a legal process that comes into play when someone passes away without leaving behind a valid will or other legally binding document dictating how their assets and property should be distributed.
The law of succession involves the inquiry as to, the per- sons capable of inheriting, such as aliens, bastards and posthumous children. The law in respect to these classes of heirs, as well as that in respect to adopted children, will be considered herein.
Basic Principles If there is no spouse or descendants, the testator's parents and/or their descendants (collateral relatives of the testator) inherit the estate. If there are no parents or descendants of parents, grandparents and other collateral relatives inherit the estate per capita.?
In an intestate situation, the surviving spouse receives all of the community property and a portion of the separate property based on a predetermined formula set out in probate law. If the decedent was not married but has children, then the children will inherit everything equally.