When can property pass by intestate succession?

Property can pass by intestate succession when a decedent dies without a valid will. Intestate succession is a legal process that dictates how a deceased person's assets are distributed in the absence of a will. In this scenario, the court will apply the state's intestacy laws to determine the rightful heirs, typically prioritizing close relatives such as spouses, children, parents, or siblings.

The presence of a valid will overrides intestate succession, as the decedent's wishes are expressed through the will. If a will is contested, it might delay the distribution process, but intestate succession would only come into play if the will is ultimately deemed invalid. Similarly, having a living trust means that property is governed by the terms of the trust and not subject to intestate succession. Additionally, the drafting of a property deed does not impact intestate succession; it pertains to the transfer of ownership, which is separate from the broader issue of how a decedent's estate is managed after their death.