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Understanding the Universal-Inheritance Rule in Estate Law
Definition & Meaning
The universal-inheritance rule is a legal principle concerning wills and estates. It states that an intestate estate, which is property left by someone who has died without a will, will only escheat, or revert, to the state if the deceased person has no surviving relatives, regardless of how distant those relatives may be. This rule was commonly applied in the United States during the first half of the 20th century. However, the Uniform Probate Code has since replaced this rule, stipulating that if no family member from the third degree of kinship or closer survives the decedent, the estate will then escheat to the state.
Table of content
Legal Use & context
The universal-inheritance rule is primarily relevant in the context of estate law. It is used when determining the distribution of assets for individuals who pass away without a will. This rule is significant in civil law, particularly in probate proceedings, where the court assesses the deceased's assets and liabilities. Users can manage aspects of estate planning and intestate succession through legal forms provided by services like US Legal Forms, which offer templates for wills and estate documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) If John dies without a will and has no immediate family, but has a distant cousin, under the universal-inheritance rule, his estate would not escheat to the state because the cousin is a surviving relative. In contrast, if John had no living relatives at all, his estate would then escheat to the state.
State-by-state differences
State
Universal-Inheritance Rule
California
Follows the Uniform Probate Code; estate escheats if no third-degree relatives survive.
New York
Similar to California; distant relatives can inherit before escheatment.
Texas
Allows for distant relatives to inherit; escheatment occurs only if no relatives exist.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Escheat
The process by which property reverts to the state when there are no heirs.
Universal-inheritance rule specifically addresses distant relatives before escheatment.
Intestate
Refers to a person who dies without a valid will.
The universal-inheritance rule applies to intestate estates.
Common misunderstandings
What to do if this term applies to you
If you find yourself dealing with an intestate estate, consider taking the following steps:
Determine if there are any surviving relatives who may inherit the estate.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates and resources to help you navigate the estate process.
In complex situations, seeking professional legal help is advisable.
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