本文发表在 rolia.net 枫下论坛When a will disposes of all a person owns, no intestacy occurs. However, when no valid will exists or when a will does not dispose of all the testator's assets, succession follows according to certain rules. Here is a table of the rules:
Survivor
Distributions
If a spouse
All to the spouse
If a spouse and one child
Preferential share ($200,000) to the spouse, remainder split equally between the spouse and the child
If a spouse and two or more children
Preferential share to spouse plus one third of remainder, two thirds divided between children
If no spouse and one or more children alive
Children share equally: If one child is deceased, but has children, those children get their parent's share equally (representation)
If no spouse and no children, but grandchildren
Grandchildren share equally regardless, no representation.
If none of above and a parent is alive
Parents share equally, or if only one parent, parent gets estate absolutely
If none of above, and at least one surviving brother or sister
Brothers and sisters share equally with representation.
If none of above and at least one niece or nephew
Nieces and nephews equally with no representation.
If none of above
Next of kin of equal degree of consanguinity to the intestate equally without representation, degrees of kindred shall be computed by counting upward from the deceased to the nearest common ancestor and then downward to the relative, and the kindred of the half-blood shall inherit equally with those of the whole-blood in the same degree.
If none of above
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Survivor
Distributions
If a spouse
All to the spouse
If a spouse and one child
Preferential share ($200,000) to the spouse, remainder split equally between the spouse and the child
If a spouse and two or more children
Preferential share to spouse plus one third of remainder, two thirds divided between children
If no spouse and one or more children alive
Children share equally: If one child is deceased, but has children, those children get their parent's share equally (representation)
If no spouse and no children, but grandchildren
Grandchildren share equally regardless, no representation.
If none of above and a parent is alive
Parents share equally, or if only one parent, parent gets estate absolutely
If none of above, and at least one surviving brother or sister
Brothers and sisters share equally with representation.
If none of above and at least one niece or nephew
Nieces and nephews equally with no representation.
If none of above
Next of kin of equal degree of consanguinity to the intestate equally without representation, degrees of kindred shall be computed by counting upward from the deceased to the nearest common ancestor and then downward to the relative, and the kindred of the half-blood shall inherit equally with those of the whole-blood in the same degree.
If none of above
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