When a property owner does not create a will or map out the distribution of his or her estate prior to death, property is distributed using intestate succession. Intestate succession is the state-controlled process of distributing a property owner’s assets to heirs.
Intestate succession diverts assets using the following line of succession:
Surviving spouse
Surviving children
Parents
Brothers and sisters of descendent
Grandparents of descendent
Next in family line
If there is no further family line, the property becomes the property of the state.
If there are no legal heirs of the deceased party the state becomes the owners of the estate. When there are no legal heirs drafted in a wall, the process of escheat, which is the state confiscation of private assets occurs. This occurs when a property owner does not designate beneficiaries in his or her will.
The property becomes the property of the state within two years after the owner’s death. However, potential heirs have up to five years after the owner’s death to come forward and claim the property.
A deceased party not having formally created a will is referred to as someone who died intestate. When assets have not formally been declared to a beneficiary or do not have instructions from the deceased party regarding the direction of who the property should go to, the state will direct a deceased party’s assets for them through a process known as intestate succession.
The order in which property is distributed is based on the deceased party’s closest relatives. The closest relative is usually identified as the surviving spouse or domestic partner. Children over the age of 18 are typically next in line, followed by other blood relatives.
What Happens When a Party Dies Without a Will
In the event there is no heir apparent based on the intestate succession laws, property will not go to friends, unmarried partners, charity, or organization. Property without a proper successor will become the property of the state. An individual who has been designated as having acted unfavorably towards the deceased party does not have the right to claim property, even if he or she is a blood relative of the deceased party.
For example, suppose a property owner named Eric passes away and evidence shows that his father had committed crimes against Eric in the past, the court may rule that the father should not have access to his son’s property.
Surviving spouses must be married prior to the deceased party’s death. If the couple had a divorce in progress, the court may rule against the surviving spouse from retaining the property.
