property

descent and distribution

Descent and distribution refers to the state laws that decide who inherits property when someone dies intestate, meaning without a valid will. These statutes typically give the estate to a surviving spouse, children, and then more distant relatives in a set order. If no heirs can be found, the property escheats to the state. The order of heirs and shares varies by state.

Exam tip
Descent applies only when there is no valid will. If there are no heirs at all, the answer is escheat.
Example
A man dies with no will, a wife, and two children; the state's descent and distribution statute decides how his house is divided.

Related terms & state variants

Sources

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Last verified: 2026-10-23