Which takes precedence in the distribution of an estate?

The distribution of an estate follows a specific hierarchy based on the nature of bequests. Specific bequests are gifts of particular items or properties that are identified in the will. Because they pertain to designated assets, specific bequests take precedence in the distribution process.

This means that when an estate is being settled, the executor first fulfills specific bequests before addressing general bequests or residuary clauses. The rationale is that the testator intended to pass particular items or properties to specific beneficiaries, and honoring those intentions is typically considered a priority.

General bequests, which involve the distribution of cash or broadly described assets, come after specific bequests have been satisfied. Residuary clauses direct any remaining assets in the estate after all debts, expenses, and both specific and general bequests have been taken care of, further confirming the precedence of specific over general.

Intestate distribution laws apply only when a person dies without a valid will, which is not the case here as the question implies the presence of a will outlining specific directives. Thus, understanding this order of precedence in estate distribution provides clarity on how a decedent's intentions are honored during the settling of their estate.