Intestate succession is the legal order for distributing property when a person dies without a valid will controlling that property.
The rules identify which relatives inherit and in what shares.
Why intestate succession matters
If a person dies without an effective estate plan, state law supplies a default distribution plan. That plan may not match the person’s informal wishes.
Intestate succession also matters when a will is invalid, incomplete, or does not cover all property.
Where intestate succession appears
Intestate succession appears in probate cases, heirship determinations, estate administration, family disputes, title transfers, and small-estate proceedings.
The rules vary by state and often depend on spouse, children, parents, siblings, and more distant relatives.
How it differs from nearby terms
A will states a person’s chosen distribution plan. Intestate succession is the statutory default when no valid will controls.
A beneficiary designation may transfer certain assets outside the will and outside intestate distribution.
Practical example
A person dies without a will and owns property only in their name. The probate court applies intestate succession rules to determine which relatives inherit.
Related Terms
Quick check
Question: Does intestate succession apply when no valid will controls the property?
Answer: Yes. It supplies the default inheritance rules.