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Understanding Intestacy: If You Die Without an Estate Plan


  • Share of Descendents

Under the Code, if no spouse survives but descendents of the decedent survive, the descendents take the entire net estate by "right of representation."

  • Share of Parents

Under the Code, if a decedent is not survived by a spouse or descendents, the entire net estate passes to the decedent's parents equally or, if only one survives, to the survivor.

  • Share of Other Relatives

Under the Code, if a decedent is not survived by a spouse, descendents, or parents, the entire net estate passes to the decedent's parent's descendents (siblings of the decedent). If there are no siblings or descendents of siblings, the net estate goes to the decedent's grandparents or their descendents.

  • Net Estate

The "Net Estate" is the amount left for distribution to heirs after all debts, family protections, taxes, and administrative expenses have been paid. "Family protections" include homestead allowances, family allowances, and exempt property allowances.


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