Advancement (Inheritance) in United States

Practical Information

Note: Some of this information was last updated in 1982

Advancement in Inheritance

A payment given to an heir (see it in this Encyclopedia) by a person who does not intend to leave a will (in U.S. law) (see intestate (in U.S. law) ). One makes the payment with the intention that it substitute for the share of one’s estate that such heir would ordinarily receive under the laws of intestacy. Advancement does not apply where there is a will, unless the will expressly so provides. The maker of a will may refer to advancements made by him or her to the maker’s donees (see donee (in U.S. law) ) during his or her lifetime, and direct that such advancements be deducted from the donee’s legacy (in U.S. law) . See also ademption (in U.S. law) .

(Revised by Ann De Vries)

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