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