If a person dies intestate with several heirs, the property will

• A. pass to heirs by the laws of descent and distribution
• B. escheat to the state
• C. pass to surviving spouse through elective share
• D. pass to surviving heirs according to provisions of the will

Answer: (A)

Intestate means there is no valid will, so state law steps in to determine who inherits. The laws of descent and distribution specify the heirs and how the deceased’s property is divided among them based on family relationships. This is why, when there are several rightful heirs, the estate passes to those heirs under those statutes rather than disappearing or going to the state. Escheat to the state happens only when there are no eligible heirs at all. The concept of an elective share involves a surviving spouse claiming a portion under a will; with intestacy there is no will to challenge, so the surviving spouse’s share is set by the intestacy laws, not elective-share rules. A will’s provisions don’t govern distribution in intestacy because no will exists.