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intestate succession

   Also found in: Legal, Financial, Wikipedia, Hutchinson 0.04 sec.

intestate succession

In the law of inheritance, transmission of property or property interests of a decedent as provided by statute, as distinguished from transfer according to the decedent's will. Modern laws of intestacy, though they vary widely, share the common principle that the estate should devolve upon persons standing in some kinship relation with the decedent; modern practice tends to favour the rights of the surviving spouse.


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Before your estate can go to your children, probate court has to determine and settle your debts, establish clear title to everything you own, and then distribute the estate according to your will or to the intestate succession statutes in your state.
040), stating that a "change of ownership" does not include "[a]ny transfer of separate property inherited by a surviving domestic partner, as defined in subdivision (b) of section 37 of the Probate Code, by intestate succession, upon the death of a registered domestic partner.
It should be stressed that for obvious reasons our analysis includes only those cases where wills were left, whereas cases of intestate succession have been omitted, although even in these latter cases the decedent implicitly acknowledges a certain legal succession, namely that provided for by law.
 
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