Wills & Succession Law
The law of wills and succession governs how a decedent's property passes to heirs or next of kin. It also defines the requirements for creating a will. In the absence of a will, laws of intestate succession determine distribution of property.
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Wills
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A will is created to define the disposition of property upon death. Certain requirements are necessary. The testator (person creating the will) must have testamentary capacity, meaning the mental ability to know the consequences of creating a will and an awareness of all belongings. Wills usually must be in writing, signed and witnessed. However, some states allow holographic wills.
Intestate Succession
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A person who dies without a will has died intestate. Each state has adopted a probate code that includes the rules for intestate succession. The exact distribution method of property varies considerably, but generally, spouses have top priority, followed by children.
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Wills and Intestacy Together
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Provisions of a will sometimes fail, such as when the property was no longer in the decedent's possession. In those cases, the will and the rules of intestate succession will work together. Enforcing the will is the primary goal, but the law of intestate succession is a default system when the will fails.
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References
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