If F disclaims all of his interest in an intestate estate, and the heirs are E, F, and G, who will receive the probate estate?

• A. E receives one-half and G receives one-half; F’s share is disclaimed.
• B. F’s share passes to E and G in equal parts.
• C. E and G will each receive one-third of the estate, and F’s descendants will receive the remaining one-third.
• D. E receives the entire estate.

Answer: (C)

The situation tests how a disclaimer interacts with intestate distribution and representation to a disclaimed heir’s descendants. When F disclaims all interest, the share that would have gone to F is treated as if F had predeceased the decedent, and that share passes to F’s descendants per stirpes. So E and G each get one-third, and the remaining one-third goes to F’s descendants. If F had no descendants, E and G would split that portion between them (each getting a larger share). This reasoning matches the chosen answer: E and G receive one-third each, and F’s descendants receive the remaining one-third.