Intestate Succession
Wills & Succession · Lesson 03
Intestate Succession
這一課問的是：無有效遺囑時，遺產如何分配？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. How is the decedent's estate distributed when there is no valid will?
這一課問的是：無有效遺囑時，遺產如何分配？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
intestate
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Dying without a valid will.
無遺囑死亡。
heir
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Person entitled to inherit by intestate succession.
繼承人。
spousal share
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Surviving spouse's share, varies by state.
配偶份額。
per stirpes
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Distribution by representation; children take parent's share.
按支分配。
per capita
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Equal shares among living members of generation.
按頭分配。
escheat
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Estate to state if no heirs.
歸國庫。
UPC
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Uniform Probate Code defaults.
統一遺囑法。
Issue · what this lesson is really about
How is the decedent's estate distributed when there is no valid will?
這一課問的是：無有效遺囑時，遺產如何分配？
Trigger words & phrases that should flag this issue:
died intestateno willheirsspousechildrenper stirpes
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State priority | Spouse and descendants generally take first; then parents; then siblings; then collateral. | 配偶與直系優先；再父母、兄弟、旁系。 |
| Apply per stirpes | Per stirpes distributes per family line, with children stepping into deceased parent's share. | 按支分配以家族為單位。 |
| Apply escheat | Estate escheats to state if no heirs found. | 無繼承人歸國庫。 |
| Apply UPC | UPC modernizes priorities, e.g., elevating spouse where children are spouse's too. | UPC 提升共有子女之配偶份額。 |
Rule Sentence · the workhorse
When a decedent dies intestate, the estate is distributed under the state's intestacy statute: the surviving spouse and descendants generally take first, followed by parents, siblings, and more remote kin; if no heirs, the estate escheats to the state.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人heirs繼承人
Act 行為inheriting under statute依法繼承
Object 對象intestate estate無遺囑遺產
Standard 法律標準state intestacy statute州無遺囑法
Consequence 後果statutory distribution法定分配
Casebook Snapshot · a real American case
In re Estate of Foster
Holding. State intestate succession statutes provide default distributions where the decedent dies without a will. Spouses and descendants are prioritized; absent these, parents and collateral relatives take in defined order.
Why it matters. Intestacy statutes provide the floor of inheritance law — they apply by default whenever a valid will fails.
無遺囑法為法定預設；無遺囑時依此分配。
Common Mistakes · what trips students
✗ intestate 等於無 estate。
✓ Estate still exists; distributed per statute.
遺產仍存在，依法分配。
✗ per stirpes 與 per capita 同義。
✓ Different distribution methods.
分配方法不同。
Mini IRAC · build the Application
Issue. How is decedent D's $600,000 estate distributed when D dies intestate, survived by spouse S, two children with S (C1 and C2), and one child with a previous partner (C3)?
Rule. Under the UPC and most modern statutes, when the decedent leaves a surviving spouse and descendants, both shared and non-shared with the spouse, the spouse receives a defined share, with the balance distributed among the descendants.
Application (model). D leaves S, two shared children, and one non-shared child. Because UPC §2-102(4) gives the surviving spouse the first $150,000 plus 1/2 of the balance when D has a descendant who is not the spouse's descendant, the fact that C3 is D's child but not S's means S receives $150,000 + 1/2 of the remainder, and the descendants split the other half.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore: S receives $150,000 + $225,000 = $375,000; C1, C2, C3 each receive $75,000.
MBE Check · multiple choice
D dies intestate, survived by spouse S, parents P1 and P2, no descendants. Estate is $400,000. Under UPC, who takes?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: