Probate work should move in an evidence-based order: authority, inventory, notices and claims, tax and accounting, then distribution. This page focuses on intestate succession.
Issue-specific review test: Intestate Succession
Frame intestate succession as a testable task: name the intended result, the person affected, the property or authority involved, and the date the result must operate.
Organize intestate succession evidence by control point: authority documents in one group, ownership records in another, beneficiary instructions separately, and deadline notices at the front.
A title such as executor, trustee, agent, owner, or beneficiary does not settle the intestate succession issue by itself; scope, activation, succession, restrictions, and proof still matter.
Bring the resulting intestate succession map to the responsible professional and ask for a written list of decisions, missing evidence, formalities, owners, deadlines, and completion records.
Where this issue sits in administration
- Intestacy law identifies heirs and shares for probate property not controlled by a valid will.
- Family structure, adoption, parentage, marriage, divorce, survival, and descendants can change the result.
- Probate establishes authority for estate administration and provides a process for notices, claims, accounting, and distribution.
- Venue usually follows domicile, but real estate in another jurisdiction can create an additional filing or transfer step.
Documents for the court and fiduciary file
- marriage, divorce, birth, adoption, death, and family-tree records
- asset-title and beneficiary information separating probate from nonprobate property
- certified death certificates and the original will, if one exists
- a preliminary asset, debt, and contact inventory
Decision points before money moves
- Who qualifies as an heir under the relevant state's law?
- Is there a valid will, later writing, or nonprobate transfer affecting the asset?
- Which court or local office has venue?
- Is formal administration required for each asset?
Risks to pause on
- Family assumptions about who is 'next of kin' may not match statutory shares or required notice recipients.
- Moving or distributing property before authority and claims are checked can expose the person acting to personal risk.
A four-step working sequence
- Name the decision. Write one sentence describing what must be decided about intestate succession and by when.
- Identify the controlling record. Locate the signed instrument, title, account contract, agency notice, or court order that governs.
- Confirm authority and jurisdiction. Match the person acting to written authority and the issue to the correct state, court, agency, or provider.
- Act and retain proof. Use the accepted process, then keep the filed, recorded, acknowledged, or institution-confirmed evidence.
Questions for a licensed professional
Bring the operative records and ask the professional to identify the controlling law, available choices, tradeoffs, required formalities, cost, and proof that the work is complete.
Sources to verify
Use the controlling court, agency, statute, provider record, or governing document before relying on a general explanation.