Paralegal Advanced Competency Exam (PACE) Practice Exam

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What does intestate succession determine?

  1. How debts are settled after death

  2. How a person's property is transferred when they die without a will

  3. Who inherits if a will is successfully contested

  4. How trusts are administered after death

The correct answer is: How a person's property is transferred when they die without a will

Intestate succession refers specifically to the legal framework that dictates how a deceased person's assets are distributed when they die without a valid will. In cases of intestacy, state laws come into play to determine the rightful heirs, which generally follow a hierarchy of relationships, prioritizing spouses, children, and other relatives. This ensures that the property of the deceased is allocated in a manner that reflects societal norms regarding familial obligations and inheritance. Understanding intestate succession is crucial because it highlights the importance of estate planning; by creating a will, individuals have the opportunity to express their wishes directly and select their heirs, rather than relying on statutory rules that may not align with their intentions.