Equal Degree: A Comprehensive Guide to Its Legal Meaning

Q: How is inheritance determined if there is no will?

Inheritance is determined by state laws, which outline the order of relatives who can inherit.

Q: Can distant relatives inherit?

Yes, if there are no immediate family members, more distant relatives may inherit under equal degree.

Definition & Meaning

Equal degree refers to a situation in inheritance law where relatives are considered to be at the same level of kinship from a common ancestor. This means that when a person dies without a will (intestate), relatives who are equally related to the deceased will inherit in equal shares. For example, if a deceased person has no immediate family, such as a spouse or children, the inheritance will go to the next closest relatives who share the same degree of relation.

Table of content

Legal Use & context

This term is primarily used in the context of inheritance and estate distribution. It is relevant in civil law, particularly in cases of intestate succession. Understanding equal degree is crucial for determining how assets are distributed when someone dies without a will. Users can manage this process with the help of legal templates provided by US Legal Forms, which are drafted by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person dies without a will and has two siblings. Since both siblings are equally related to the deceased, they will each inherit half of the estate.

Example 2: A person passes away leaving no spouse or children, but has several cousins. The estate will be divided equally among the cousins, as they are all in equal degree of relation to the deceased. (hypothetical example)

State-by-state differences

State	Notes
California	In California, intestate succession follows a specific order of relatives, and equal degree applies among siblings and their descendants.
New York	New York law also recognizes equal degree among siblings, but the distribution may vary if there are surviving parents.
Texas	In Texas, the law provides a clear hierarchy for distribution, but equal degree applies among those at the same level of kinship.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Lineal descendants	Refers to direct descendants, such as children and grandchildren, who inherit before collateral relatives.
Collateral relatives	Relatives who are not direct descendants, such as siblings, cousins, and aunts/uncles, who may inherit in equal degree.

Common misunderstandings

What to do if this term applies to you

If you find yourself dealing with an intestate estate, it's important to identify the relatives who are in equal degree to the deceased. You may want to consult a legal professional to ensure proper distribution according to state laws. Additionally, you can explore US Legal Forms for templates that can help you navigate the process of estate distribution effectively.

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Quick facts

Equal degree applies in cases of intestate succession.
Relatives in equal degree inherit equal shares of the estate.
Understanding this concept is crucial for proper estate planning.

Key takeaways

Frequently asked questions

What does equal degree mean in inheritance?

It means that relatives who are at the same level of kinship from a common ancestor inherit equally.