Intestate Succession Laws, The Basics
- What is intestate succession? It occurs whenever all or a portion of a decedent's estate is legally transferred to heirs via a valid last will or a non-probate transfer mechanism.
- Which state law applies? Generally, the laws of the state where the decedent resided at the time of death are applicate to decedent estates (of which intestate succession are a part). However, in cases where real property is located in a state other than that where the decedent resided at the time of his or her death, the laws of the state where said real property is located may apply for determing heirship of that parcel of real property only. For instance, if a decedent resided in Minnesota but owned a vacation in Florida, all of decedent's personal property whever located and real property located in Minnesota is subject to the probate laws of Minnesota while the real property in Florida is subject to the laws of Florida. Note: this is a generalized statement not to be relied upon in every case; consult with a local attorney for a more reliable answer upon your particular question.
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Intestate Succession Info & Links
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