Testate and Intestate Successions
Intestate
(No Known or Surviving Will) Estates
- Pre-Deceased Spouse: When a decedent is neither survived by a spouse nor
a issue, a pre-deceased spouse's heirs may be entitled to a portion of that
estate.
- Collateral Descendants: When a decedent is neither survived by a spouse,
issue, parent, sibling or grandparent, maternal and paternal collateral heirs
(ie., aunts, uncles, and cousins) may claim a share of an estate.
- No Known Heirs or Unable to Locate Heirs: When a decedent dies without a
will or valid will and with no known heirs or missing known heirs, a search
may be required for intestate heirs and beneficiaries, if felt economically
feasible.
Testamentary (Valid Will) Estates
- Formal or Holographic Wills: Some portion of an estate may be caused to
descend by intestate succession should not a "residual clause" on the distribution
of assets be present.
- Death of Testate Beneficiary Before Testator: A portion of the estate may
be caused to descend by intestate succession as well when the designated beneficiary
dies before the testator, unless the latter has directed that the bequest
does not lapse or does not lapse for a given period.
- Missing Beneficiaries: An in-depth search may need to be conducted for the
whereabouts of missing or unknown heirs and/or named beneficiaries, if found
economically feasible.
- Will Contest (Where Revocation May Apply):
1. Lost or destroyed wills where the testator had held possession of known
will however upon death, the original will cannot be found.
2. Fraud, duress, menace, or other undue influences on the testator was a
factor in the documentation and keeping of the will. In either of the above
cases, if a contest is successful in their application, a portion of the estate
may well descend by intestate succession rules.
The above-noted statements are intended only for a general understanding
of the probate law. Detail questions and further consultations should be directed
to a legal professional in your local jurisdictional area and in the
area in which the estate requires probate.
