If someone passes away without a Will and some of their heirs are now deceased, should the administrator divide the estate assets to include the children of deceased?

He was one of 12 siblings and all but 3 are now deceased. Some of those passed had children.

Asked on October 7, 2014 under Estate Planning, Tennessee


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

When a person dies without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, if there is a surviving spouse, the surviving spouse inherits the entire estate.  If there isn't a surviving spouse, the estate is divided equally among the children.  If there are deceased children, who had children, those children (the grandchildren) inherit the share their deceased parent would have inherited had the deceased parent survived.  If there aren't any surviving children, the estate is inherited by the parents.  If there aren't any surviving parents, the estate is inherited by the siblings and the children of deceased siblings.

Therefore, the answer to your question is yes, the executor divides the estate to include the surviving siblings and the children of the deceased siblings.

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