If there are siblings of the decedent, how do they inherit if there is no surviving spouse?

In the context of inheritance when a decedent has siblings and no surviving spouse, the principle of "per stirpes" applies. This means that the estate is divided into branches according to family lines, allowing the descendants of deceased siblings to inherit their parent's share.

Specifically, if one of the siblings of the decedent has already passed away, their children (the issue) would take their parent's share of the inheritance. This approach ensures that the descendants of a deceased sibling are treated equitably and receive inheritance rights, even if their parent is no longer alive. Thus, the total estate is divided equally among the living siblings, and if any of these siblings are deceased, their respective shares are transferred to their children.

This method promotes fairness among family members by maintaining the lineage of inheritance, rather than simply splitting the estate among surviving siblings or entirely to the next generation. The focus is on preserving family ties and honoring the wishes of the decedent in line with state inheritance laws, which recognize the principle of per stirpes as a standard practice in intestate succession when no spouse is involved.