Statutes establishing the order and manner in which property passes when a person dies intestate (without a will). These laws specify which relatives inherit, in what proportions, and in what priority order. Also known as intestacy laws or laws of intestate succession, they vary by jurisdiction but generally prioritize spouse, children, parents, siblings, and more distant relatives in descending order.
Statutes of descent and distribution are the laws that decide who gets your stuff if you die without a will. They create a default inheritance plan based on your family relationships—typically your spouse and children first, then parents, siblings, and more distant relatives if you have no immediate family.
⏱ When you'll encounter this term
- Someone dies without a will (intestate)
- Determining who has rights to inherit
- Legal research about intestacy rules
- Understanding why having a will matters
"My uncle died without a will. Under our state's statute of descent and distribution, his estate was divided: his wife got 50%, and his three children split the other 50%. If he'd wanted a different arrangement, he should have made a will."
⚖️ Compare: Intestacy vs Testate (With Will)
Statute of descent determines distribution. No choice in who gets what. Follows fixed legal formula.
Deceased's wishes control distribution. Can give to anyone. Flexibility in how estate is divided.
💡 Did you know?
Statutes of descent vary significantly between jurisdictions. In some states, a surviving spouse inherits everything; in others, they split with children. This is why knowing your specific state or territory's intestacy laws is crucial.