Understanding Prepayment of Inheritance and Its Implications for Intestate Estates

Feb 08, 2026

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This article explores the concept of prepayment of inheritance in the context of intestate succession. When an intestate decedent transfers property to an heir, it is generally considered a non-advancement gift unless proven otherwise. To establish that a gift is an advancement, a contemporaneous writing from the decedent or a written acknowledgment from the heir is required, as outlined in PC § 44 and EC § 201. This discussion highlights the legal nuances involved in determining advancements in inheritance disputes.

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Understanding Prepayment of Inheritance and Its Implications for Intestate Estates

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Advancements
Basic Idea • Prepayment of inheritance. • Thus, must account for it when intestate dies. • But, transfer from intestate to heir is presumed to be a non-advancement gift.
How prove gift is advancement?PC § 44; EC § 201.151 • 1. Contemporaneous writing of advancer (intestate decedent)
How prove gift is advancement?PC § 44; EC § 201.151 • 1. Contemporaneous writing of advancer (intestate decedent), or • 2. Written acknowledgment by advancee (heir) at any time.
Problem 4, Page 50
Problem 4, Page 52
Problem 6, Page 50
Extra Problem
Extra Problem