Also known as: statutes of descent and distribution · descent and distribution statute · intestacy statute · descent statute
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule that governs the distribution of a decedent's property when the decedent dies intestate. The statute identifies the heirs or next of kin entitled to receive the net probate estate and directs how real property descends and personal property is distributed. Title passes by operation of law without a deed from the decedent.
Simone Sanders dies without a will owning a rural parcel. The probate court applies the state statute of descent and distribution and determines that her three first cousins are her heirs. Title to the parcel vests directly in the cousins by operation of law. No deed from Simone is required or executed.
Stephen Shaw kills his uncle and is convicted. The uncle dies intestate. The probate court holds that the statute of descent and distribution passes title to the uncle's other heirs rather than to Stephen. Equity imposes a constructive trust to prevent Stephen from retaining the property.
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Simon Stern and his wife arrange for sperm retrieval before his death. After Simon dies intestate the wife conceives and bears twins. The probate court rules that the twins are Simon's heirs under the statute of descent and distribution and are entitled to share in his estate.
The property passes according to the state's statute of descent and distribution. Heirs or next of kin identified by the statute receive the net probate estate. Title transfers by operation of law.
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Modern statutes apply a single scheme to both types of property. At common law real property descended to heirs and personal property was distributed to next of kin. Today the same persons usually take both.
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Any property not effectively disposed of by will passes under the statute of descent and distribution. The probate court determines the intestate share after paying creditors and administration expenses.
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Yes. Modern statutes of descent and distribution give the surviving spouse a share of the net probate estate. Common-law dower and curtesy have been abolished or modified in nearly every state.
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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…