Ademption
When a specific item left in a will is no longer owned at death, so the gift fails.
What Ademption means in an estate
If a will leaves a specific item (a named vehicle, a particular house, a specific account) and the person no longer owned it when they died, the gift can simply fail, and the beneficiary gets nothing in its place. Many states have softened this by statute in certain situations, such as when the item was sold by an agent under a power of attorney. Whether a gift ademes, and what the beneficiary receives instead, vary by state.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how ademption is handled where the estate is being settled.
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Information current as of April 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.