Inheritance (law)

Inheritance (law), in law, succession to the real and personal property of a deceased individual. Inheritance may be by will or, in the absence of a will, by operation of the statutes governing intestacy. The transfer of property by testate and intestate succession is of remote origin.

The code promulgated by the Babylonian ruler Hammurabi in the 18th century bc made provision for both estate and intestate succession. In 6th century bc Greece, wills were made in Athens during the time of the lawgiver Solon. The ancient code of Roman law, called the Twelve Tables, contained provisions for the disposition of testate and intestate property (see Twelve Tables, Law of the). In England, the introduction of the feudal system resulted in the elimination of the right to dispose of real property by will, and this disability continued until the reign of King Henry VIII, under whom the enactment of the Statute of Wills partially restored the right to dispose of real property by will (see Heir). Subsequently this right was entirely restored. In the U.S., the statutes of most states provide for the inheritance of property by will and for the succession to property in cases of intestacy. Jurisdiction over decedents' estates is vested in the probate courts. See Estate Tax.