What is the acquisition of an estate by inheritance called, where an heir succeeds to the property by operation of law?

The correct term for the acquisition of an estate by inheritance, where an heir receives property through operation of law, is "descent." This process specifically refers to the transfer of property to heirs according to the laws governing inheritance, which dictate how estates are passed down when someone dies without a will or when a will is silent on certain matters.

Descent is a legal mechanism that occurs automatically upon the death of a property owner, establishing that the heirs, often defined by familial relationships, have rights to the property without needing to go through a court process to claim that right. It is fundamentally tied to statutory law, which outlines the hierarchy of heirs and the requisite steps they must follow to secure their inheritance.

In contrast, while "inheritance" may sound related, it is a broader term that can encompass various methods of acquiring property from deceased relatives, including wills and trusts, rather than focusing solely on the operation of law. "Succession" generally refers to the broader process of succeeding to an estate and can be used in contexts both with and without a formal will. "Probate," on the other hand, is a legal process used to validate a will and manage the deceased's estate, but it does not describe the method of estate acquisition by