What is the distribution rule if all of a decedent's children survive them?

Study for the Wills Bar Exam. Prepare with flashcards and multiple choice questions; every question has hints and explanations. Get ready for your exam success!

If all of a decedent's children survive them, the distribution of the estate typically follows the principle of equal shares among the children. This is rooted in the fundamental concept of intestate succession, where the law seeks to promote fairness and equality among heirs. Therefore, under these circumstances, each child would receive an equal share of the estate, ensuring that each has a fair stake in their parent's legacy.

The other options do not align with standard probate practices. The idea that only the oldest child receives a larger share is not consistent with the principle of equal distribution, as it could lead to claims of unfairness and dispute among siblings. Distributing based on financial needs would introduce subjective criteria that are typically not part of the formal distribution process. Furthermore, the notion that children with children would get a larger share conflicts with the equalization principle, as it would favor certain heirs over others without a clear legal basis. Thus, the correct approach under these circumstances is indeed that all surviving children share equally.

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