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Comparative Succession LawVolume II: Intestate Succession$
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Kenneth Reid, Marius de Waal, and Reinhard Zimmermann

Print publication date: 2015

Print ISBN-13: 9780198747123

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198747123.001.0001

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Intestate Succession in the United States of America

Intestate Succession in the United States of America

Chapter:
(p.401) 17 Intestate Succession in the United States of America
Source:
Comparative Succession Law
Author(s):

Ronald J Scalise

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198747123.003.0017

This chapter discusses the law of intestate succession in the United States. The United States maintains a modified parentelic system, which allows siblings and other collaterals to inherit by representing their ancestors. The modifications from the classic parentelic system, however, are significant and have developed over time. The chapter traces these changes and explains the modifications. It describes the Uniform Probate Code, which was the first modern force for the unification of succession law in the United States. Begun in 1969, reformed in 1990, and updated in 2008, the Code has provided and continues to provide states with a well-drafted and up-to-date model for reform. The remainder of the chapter sets out the rules for the surviving spouse, children, and other descendants; and details the instances which can preclude, either in whole or in part, operation of the intestate succession rules.

Keywords:   US law, intestate succession, succession law, intestacy rules, spouses, children, Uniform Probate Code, parentelic systemadvancements, ascendants, collaterals

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