Probate Law: Intestacy

In most jurisdictions, the surviving spouse is the first in line to inherit the deceased person's property.

In the absence of a spouse or children, the deceased person's parents typically inherit their property.

In the absence of a spouse, children, and parents, the deceased person's siblings typically inherit their property.

In the absence of any living relatives, the deceased person's property typically passes to the state.

Probate is the legal process of distributing a person's property after their death.

The executor is typically responsible for administering a person's estate.

Executor is the term used to describe the person who is appointed to administer a person's estate.

Will is the term used to describe the document that sets out a person's wishes for the distribution of their property after their death.

Beneficiary is the term used to describe a person who receives property under a will.

Contest is the term used to describe the process of challenging the validity of a will.

Elective share is the term used to describe the legal principle that a person cannot disinherit their spouse.

Forced heirship is the term used to describe the legal principle that a person cannot disinherit their children.

Dower is the term used to describe the legal principle that a surviving spouse is entitled to a life estate in the deceased spouse's real property.

Curtesy is the term used to describe the legal principle that a surviving spouse is entitled to a life estate in the deceased spouse's personal property.

Per capita is the term used to describe the legal principle that a person's property passes to their heirs in equal shares.