Descent and Distribution

As a general rule, property subject to descent and distribution includes all vested rights and interests owned by the deceased at the time of

death. However, rights or interests that are personal to the deceased, and not of an inheritable nature, ordinarily are not subject to descent and distribution. Examples are a personal right to use land or a statutory right to contest a will.

If a seller dies prior to the completion of the sale of real property, the legal title to land that the seller contracted to sell vests in the heirs at law on the owner's death, subject to their obligation to convey the land to the purchaser according to the contract. A few states authorize the distribution of property among different persons according to whether it is real or personal, but this is not the general rule.