Also known as: statutory inheritance · intestate succession
Written by attorneys · grounded in primary & secondary sources — see below
An inheritance or succession that passes by operation of law rather than by will. The term identifies the default mechanism that distributes a decedent's property to heirs under intestacy statutes when no valid will controls the disposition.
Hamid Hassan left a trust providing a class gift of farmland to his descendants without specifying shares. When the interest vested in possession, three living descendants claimed equal portions. The court applied the governing statute and awarded each the share they would have received had Hamid died intestate owning the land at that moment.
Hope Howard died owning a warehouse that passed directly to her sole heir under the state intestacy statute. No deed from Hope was needed. The heir recorded an affidavit of heirship to perfect record title after the transfer by operation of law.
Select any source to read its text and confirm it supports the definition.
Hiroshi Hasegawa died intestate survived by a child born outside marriage whose paternity had been established by court order. The child claimed an equal share with legitimate siblings. The court held that denying the child intestate rights violated equal protection and awarded the statutory share.
Henry Hoffman died leaving workers' compensation benefits. Two children born outside marriage proved dependency and sought shares equal to legitimate children. The court ruled that excluding them from benefits denied equal protection and directed payment under the statute.
Harriet Hamilton held real property in tenancy by the entirety with her spouse. After the spouse's death the IRS asserted a lien against the entire parcel. The Court held that the surviving spouse's interest passed by operation of law and remained subject to federal tax collection rules.
Hazel Hoffman died intestate survived by an acknowledged illegitimate child. State law at the time barred the child from sharing in the estate. The Court upheld the statute as a permissible state regulation of property succession at death.
Hereditas legitima distributes property according to intestacy statutes when no will controls. A testamentary transfer follows the terms of a valid will. The distinction determines whether statutory default rules or the testator's expressed wishes govern distribution.
Supporting sources
Yes. When a class gift to descendants or heirs lacks distribution instructions, the property passes in the shares that class members would receive under the applicable intestacy statute if the designated ancestor had died owning the property at the time of vesting.
Yes. Transfers by intestate succession or other operation-of-law mechanisms pass title directly. A fiduciary may later execute a confirmatory deed, but none is required for the initial passage of title.
Modern decisions require equal treatment of illegitimate children when paternity is established, striking down statutes that bar them from intestate shares. Earlier cases permitted states broader latitude to regulate succession at death.
Supporting sources
…this case is the constitutionality of § 12 of the Illinois Probate Act[^maj-1] which allows illegitimate children to inherit by intestate succession only from their mothers. Under Illinois law, legitimate children are allowed to inherit by intestate succession from both their mothers and their fathers.[^maj-2] I Appellant Deta…