Probate

Intestate Succession

Since states each have their own laws regarding probate, they created the Intestate Succession. Learn what this means and who it affects here.

State Intestate Succession Statutes—this is what it is called if a person passes away without a will and the state has to determine who will receive their assets. If you do not have a living trust, your estate will have to go through probate to determine who will be your heirs (and how much those heirs will get).

If you have a living will, that will can help determine this, but if you don’t—then it is left up to the state. This is what is called intestate succession. It simply means that, if there is no will or trust, your estate will still have to go through probate court, but the intestate succession laws will determine who gets what percentage of your assets.

Since each state has its own laws, there is no way to make it the exact same all across the United States. This means that the courts in the state in which you die will be the ones to determine how everything is divided among your heirs according to the most recent laws.

The laws in each state can be radically different, and they can change often, so you may not know who will get what. And, without a will or a trust, there is no way for you to have any kind of say in where your assets go after your death.

So, while the courts, even with the intestate succession statutes, try to be as fair as possible, they aren’t likely to distribute your things the way you would prefer. This means that it is best to set up a living will or trust to dictate how your assets are distributed after your death.