Also known as: descent and distribution statutes · statute of descent and distribution · statutes of descent and distribution · intestacy statute · intestate succession statute
Written by attorneys · grounded in primary & secondary sources — see below
A statute prescribing the order in which a decedent's property passes to heirs when the decedent dies without a valid will. The statute supplies default rules that vest title by operation of law, with real property governed by the law of the situs and personal property governed by the law of the decedent's domicile at death.
Delilah Duran owned a large ranch and died without a will. The probate court applied the descent and distribution statute of the state where the ranch was located. Title vested directly in her son Darius Dixon by operation of law even though no deed was ever signed after her death.
Destiny Davis died intestate after being killed by her brother Demetrius Douglas. The probate court applied the descent and distribution statute to determine whether the slayer could inherit any portion of the estate. The statute's rules controlled the distribution among the remaining heirs once the court resolved the slayer's eligibility.
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Deborah Dunn died intestate survived by a marital daughter and a nonmarital son whose paternity had been acknowledged. The probate court applied the descent and distribution statute to decide whether the nonmarital son could take as an heir. The statute's classification rules determined the final distribution of the estate.
Daphne Doyle died intestate after her husband had preserved sperm for later use. The probate court applied the descent and distribution statute to decide whether a child conceived and born after the husband's death qualified as an heir. The statute's definition of children controlled whether the posthumous child received a share of the estate.
Real property is distributed according to the descent and distribution statute of the state where the property is located. Personal property is distributed according to the statute of the state where the decedent was domiciled at death.
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Any probate property not effectively disposed of by will passes by intestacy and is distributed to the decedent's heirs according to the statute.
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No deed from the decedent is required. Title passes by operation of law under the statute, although a fiduciary may later execute a deed to perfect record title.
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Some statutes expressly prevent a person who willfully kills the decedent from taking by descent or distribution.
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Modern statutes generally allow nonmarital children to inherit once paternity is established, though older statutes sometimes imposed absolute bars that raised equal-protection challenges.
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…spite of his crime. The reasoning for so deciding is that devolution of the property of a decedent is controlled entirely by the statutes of descent and distribution; further, that denial of the inheritance to the slayer because of his crime would be imposing an additional punishment for his crime not provided by statute, and would violate the…