Does intestate succession differ between states?
Yes, intestate succession differs between states. Intestate succession means that if a person dies without a will, their assets are passed to their heirs or beneficiaries according to the laws of the state in which they lived when they died. In the state of Delaware, the laws of intestate succession are set forth in the Delaware Code. Generally, these laws provide that if the decedent left behind a spouse and children, the spouse will receive the first $50,000 of the estate plus one-half of the remaining estate. The children will receive the other half of the remaining estate. However, if the decedent left no spouse, the estate will pass to the children. Each state has its own intestate succession laws, so the laws in Delaware may not be the same as other states. For instance, a state may give the surviving spouse a different portion of the estate than Delaware does, or it may give the estate to different people if the decedent had no spouse. Additionally, a state may have more complicated intestate succession laws that take into account other relatives, such as a decedent’s parents or siblings. Therefore, whenever someone dies without a will, it is important to check the intestate succession laws of the state in which they lived to determine who will receive the assets.
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