Descent and Distribution

Inheritance rights vest immediately on the death of an intestate, and the heirs are usually determined as of that time. The title to realty ordinarily vests in an intestate's heirs immediately upon his or her death, subject, under varying circumstances, to certain burdens, such as the rights of the surviving spouse or the debts of the intestate. The title obtained by the heirs on the death of their ancestor is subject to funeral expenses, the expenses, debts, or charges of the administration, and the charges for which the real property is liable, such as liens and encumbrances attached to the land during the lifetime of the intestate.

At common law and under the statutes of most states, the title to personal property of a deceased person does not ordinarily vest in his or her heirs, next of kin, or distributees on his or her death. Their title and rights, therefore, must generally be obtained or enforced by virtue of administration or distribution. Legal title to personal property is suspended between the time of the intestate's death and the granting of the LETTERS OF ADMINISTRATION. On distribution, the title of the distributees relates back to the date of the intestate's death. While the title to personal property does not immediately vest in the heirs, their interest in the estate does. The heirs have a vested equitable right, title, or estate in the personal property, subject to the rights of creditors and to charges and expenses of the administration. The personal estate of an intestate goes ultimately to those who are next of kin at the time of the intestate's death as opposed to those who are next of kin at the time that the estate is to be distributed. If a person who is entitled as a distributee dies after the death of the intestate and before distribution, his or her share does not go to the other persons entitled as distributees, but instead passes to his or her own heirs.