If there is no Will and an heir of an inheritance has passed away, who gets their share?

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If there is no Will and an heir of an inheritance has passed away, who gets their share?

I just wondered if it was mandatory that if a person passes away who was entitled to an inheritance, would their inheritance go to their child.

Asked on February 6, 2018 under Estate Planning, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

When someone dies without a Will, they die "intestate". This means that an estate goes to the next of kin. If they die without a surviving spouse, then their children inherit all (if there is a surviving spouse, the estate is typically divided 1/2-1/3 to the spouse and the remainder to the children).


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