When a person inherits property from a deceased relative who did not leave a will, what is the method of acquiring the title called?

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The method of acquiring title to property inherited from a deceased relative who did not leave a will is known as descent. In this context, descent refers to the legal process by which property is transferred to heirs according to the laws of intestate succession. When someone passes away without a will, state laws govern how their assets are distributed among surviving relatives, typically favoring spouses, children, and other close relatives.

This process is significant because it ensures that heirs receive their rightful shares of property as dictated by state statutes, even in the absence of a will. Each state has its own rules regarding intestate succession, which determines who inherits and in what proportions.

Curtesy refers specifically to the husband's interest in his wife's estate upon her death if there are children involved, and is largely historical. Escheat is the process by which property reverts to the state when there are no legal heirs or claimants. Laches is a legal doctrine related to the neglect or delay in asserting a right or claim, which doesn’t apply to the matter of inheriting property. Thus, descent is the correct term for this situation, focusing on the inheritance process in the absence of a will.

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