Home > West's Encyclopedia of American Law > Descent and Distribution

The area of law that pertains to the transfer of real property or PERSONAL PROPERTY of a decedent who failed to leave a will or make a valid will and the rights and liabilities of heirs, next of kin, and distributees who are entitled to a share of the property.

Origin of the Law

The passage of property from ancestors to children has been recognized and enforced since biblical times. As a general rule, the law, and not the deceased person, confers the right of succession—the passing of title to a decedent's property—and determines who shall take intestate property. In the United States, such law is derived from the CIVIL LAW and English statutes of distributions, rather than from the COMMON...