When a person dies intestate what is the heir succession?

UPDATED: Sep 7, 2011

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When a person dies intestate what is the heir succession?

According to the probate code, who is first in succession, a stepchild or a brother?

Asked on September 7, 2011 under Estate Planning, Oklahoma


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

Answered 11 years ago | Contributor

When a person dies without a Will they die "intestate". Accordingly, as you seem to be aware, state intestacy laws control the distribution of the person's estate. Succession relies on blood-lines. So the next of kin inherits. That is they are considered to be the legal heir. The exception to this would be if the deceased adopted a child; in such an event the adoptee would be treated the same as a biological child.

You didn't indicate whether or not this stepchild was adopted. If they were, they would inherit since a child is a closer blood kin than a sibling (in this case a brother). However, if the stepchild was not adopted they have no intestate inheritance rights. The brother would be the legal heir to the estate.

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