**Descent** (noun) — The legal process by which real property passes from a deceased person to their heirs according to the laws of intestate succession, when there is no valid will directing otherwise.
Descent refers to how property automatically passes down through your family when you die without a will. It's the legal pathway that determines who inherits what, based on your family relationships rather than your written instructions.
When someone dies without a will, the law has a built-in system—called intestacy laws—that decides who gets their property. This system follows lines of descent: first to your spouse and children, then to parents, then to siblings, and so on down a predetermined list of relatives.
Different jurisdictions have different rules about descent, but the basic principle is the same everywhere: property flows downward and outward through family lines according to a legal formula.
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The concept of descent is important because it determines your heirs when you die intestate. If you don't make a will, your property won't go to whoever needs it most or whoever you were closest to—it will go to whoever is next in the line of descent according to the law.
For example, if you die without a will and you're married with children, your estate will typically be divided between your spouse and children according to a statutory formula. If you have no spouse or children, the property descends to your parents. If your parents have died, it goes to your siblings, and so on.
Understanding descent matters even if you do have a will. If your will is found to be invalid, or if you haven't updated it to account for new family members or circumstances, parts of your estate may pass by descent rather than according to your wishes.
**Related terms:** [Intestate](/dictionary/intestate), [Heirs](/dictionary/heirs-at-law), Lineal Descendant, [Next of Kin](/dictionary/next-of-kin)
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