Who typically has the first claim to an intestate estate?

The first claim to an intestate estate typically goes to the surviving spouse and children. This principle is rooted in the laws of intestacy, which govern the distribution of a deceased person's assets when they die without a will.

In situations of intestacy, many jurisdictions prioritize the immediate family, recognizing their close personal and financial ties to the deceased. Surviving spouses are often entitled to a significant portion of the estate due to their legal and social relationship with the deceased, while children are also recognized as primary heirs to ensure that the estate benefits the next generation. This framework aims to provide for the deceased’s immediate family, acknowledging their rights and needs in the aftermath of a death.

The other groups, such as debtors, estate executors, and extended family members, do not have the same priority in the initial distribution of assets in an intestate situation. Debtors may have claims related to outstanding debts, but these are not claims on the estate itself. An estate executor is only involved when one has been appointed, and in cases of intestacy, there may not be a will to designate such a role. Extended family members are considered only after the claims of the surviving spouse and children have been satisfied.