#37 · 2026-09-12 · Legal term
Intestate succession
Intestate succession supplies the default distribution rules for probate property not disposed of by a valid will. A beneficiary designation or trust could place an asset outside this process, but neither applies to the account.
Rule to remember
Intestate succession is the statutory distribution of a decedent's probate property that is not effectively disposed of by will.
Key elements and checks
- Identify probate assets.
- Determine which assets lack an effective testamentary disposition.
- Apply the governing state's heirship and share rules.
In the source’s words
“The laws of intestacy establish a specific order of priority for the distribution of assets.”
Cornell Wex — Intestate succession
Partial intestacy is possible. Spousal shares and representation systems vary; nonprobate transfers generally follow their own instruments.