Under which circumstances do heirs receive property through descent?

Heirs receive property through descent specifically when the deceased has died without a will, which is known as dying intestate. In such cases, the state's intestacy laws govern how the property is distributed among the heirs. These laws outline the hierarchy of relatives who are entitled to inherit from the deceased, typically prioritizing spouses, children, and then more distant relatives if no immediate family exists.

When there is a valid will, property is distributed according to the instructions laid out in that will, which does not fall under the rules of descent. The scenario of an insolvent estate refers to one where debts exceed the assets, affecting how property is managed and distributed but not directly influencing descent. Jointly owned property typically passes to the surviving joint owner rather than through descent, as it is often governed by what is known as the right of survivorship. Therefore, the correct circumstance for heirs to receive property through descent is indeed when the deceased died without a will.