Succession ab intestate refers to the process of inheriting property from a person who has passed away without leaving a valid will. In such cases, the law determines how the deceased's assets are distributed among their heirs. This legal concept is rooted in ensuring that the deceased's estate is handled fairly, according to established laws, rather than personal wishes that would be expressed in a will.
This term is primarily used in estate law and probate proceedings. When someone dies intestate, the court steps in to oversee the distribution of their property. This process is relevant in civil law, particularly in cases involving family disputes over inheritance. Individuals can often manage the initial steps of intestate succession using legal templates, such as those provided by US Legal Forms, to help navigate the necessary documentation.
Here are a couple of examples of abatement:
For instance, if a person dies leaving behind a house and savings but no will, their estate will be divided according to state intestacy laws. If they have children, those children may inherit the estate equally (hypothetical example).
| State | Key Differences |
|---|---|
| California | Spouses may inherit the entire estate if there are no children. |
| Texas | Children and spouses share the estate, with specific rules for community property. |
| New York | Spouses and children have priority; if no children, parents inherit. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Testate succession | Inheritance from a deceased person who left a valid will. | Testate involves a will; ab intestate does not. |
| Probate | The legal process of validating a will and administering an estate. | Probate is a process; ab intestate refers to the absence of a will. |
If you find yourself in a situation where a loved one has died intestate, consider the following steps:
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Their estate will be distributed according to state intestacy laws.