In an intestacy scenario, who has the priority of claim to the decedent's estate?

In an intestacy scenario, the priority of claim to a decedent's estate typically begins with the closest family members, which includes children and issue. This reflects the principle that the law prioritizes immediate family when determining who inherits from an estate without a will.

Children and their issue, which includes grandchildren and potentially other descendants, have a primary claim because they are seen as the direct descendants of the decedent. This ensures that the decedent's lineage and familial ties are respected during the distribution of the estate.

While a surviving spouse may also have a substantial claim, their priority can depend on the presence of children. If there are no children, the spouse may inherit the entire estate. Likewise, parents and siblings fall lower on the hierarchy, being considered only in the absence of a spouse or descendants. Thus, understanding the hierarchical nature of inheritance laws in intestate situations underscores why children and issue hold the highest priority in claims to the decedent's estate.