Intestate Succession Explained For Dummies
Description
How to fill out Affidavit Of Heirship, Next Of Kin Or Descent - Decedent Died Intestate?
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FAQ
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.?
Inheritance hierarchy If none of those relatives can be identified, your assets could go to parents, grandparents, siblings, nephews, nieces?or even the state. "With no will or next of kin, your assets become escheated?which is just a fancy way of saying the state lays claim to them," Bob says.
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.