How does intestate succession determine who inherits when there is no valid will?

Intestate succession refers to the distribution of a decedent's property when no valid will or testament exists to direct its transfer. While specific laws vary by jurisdiction, they generally share the principle that an estate should pass to individuals who share a kinship relation with the deceased.1

General Principles of Distribution

Modern legal systems typically prioritize the rights of a surviving spouse and close kin. In many Anglo-American jurisdictions, the surviving spouse receives a portion of the estate—often one-half or one-third—with the remainder divided among the decedent's children. If there is no surviving spouse, the children typically inherit the entire estate. If no children exist, the estate may be shared with the decedent's parents or other next of kin.12

Structural Approaches

• Parentelic Order: Many civil-law systems utilize a parentelic order, where the estate is divided into groups (parentelae) based on proximity of kinship (e.g., descendants, then parents and their descendants, then grandparents and their descendants). A more remote group cannot inherit as long as a member of a nearer group survives.3
• Representation: When heirs are of unequal degrees of kinship, those of a more remote degree often take by representation—meaning they divide the share their deceased ancestor would have received.42
• State Inheritance: If no eligible blood relatives or spouses can be found, some modern systems provide for the estate to pass to the state.2

It is a fundamental principle of justice that inheritance laws aim to provide for the family of the deceased, reflecting the ethical importance of supporting surviving dependents and maintaining familial stability.12