When someone with heirs dies without a will, how is their estate distributed?

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When a person dies without a will, their estate is distributed based on the laws of intestate succession, which is a legal framework established by each state. These laws dictate how assets are to be allocated among heirs, typically starting with immediate family members and then branching out to more distant relatives if no immediate family exists. The hierarchy defined by intestate succession ensures that the deceased person's assets are distributed fairly and according to a predetermined system rather than leaving the distribution process open to personal interpretations or family disputes.

The laws of intestate succession can vary significantly from one jurisdiction to another, impacting who inherits and how much. Issues such as the marital status of the deceased, the presence of children or grandchildren, and the existence of siblings or parents play crucial roles in determining the distribution of the estate.

Although probate law generally governs the overall process through which the estate is handled, including confirming the validity of the distribution, it is the statutes regarding intestate succession that specifically outline the inheritance order. Family agreements or verbal wishes of the deceased hold no legal weight in this situation since the absence of a will leads to a structured legal process rather than reliance on personal relationships or intentions.

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