What is the hierarchy of an estate?

Father died, left estate to step mother. Who would be the next benificary? Step daughter or sister?

It depends on whether or not the original decedent (Father) left a will or not, I'm assuming that he did not. In such a case you'll have to look at your state's intestacy laws which govern the transfers of an estate's without a will.

First off, if the step mother is the legal heir she will have claim the father's estate and after the probate process it becomes her property and will pass down her line of secession should she later die. However, if you are asking a hypothetical question like, "what if the step-mother predeceases the father before he changed his will?" then the following would hold true.

The next question I have for you is whether the step daughter is a minor child, if she is then some states provide for a statutory hold over for her, however depending on the state she may not be entitled to anything if the step-daughter was not legally adopted by the father. Some state will allow the step daughter to take a share other states (most notably several southern states) specifically disallow inheritance by step-children.

Normally, the sister (the Father's sister, I am assuming) is a more distantly related kin and would take an interest only if he has no direct heirs meaning children, grandchildren (the interest will follow down father's bloodline), and parents (only if no children exist). After the parents would the sister be entitled to a share.

The area of estate secession is almost completely dependent on state laws as it has been the historical purview of the states to administer. Much like family law, there is no federal probate code, so each state is left to implement whatever regulations it sees fit.

Sorry to be vague but I hope you got something out of my answer.

I used to work in stock transfer, and I believe it is the job of the executor to determine that as per the decedent's wishes, but they are not rquired to do what the decendent wished.

I think it is just as likely be up to your step mother's will now that your father is deceased/

"What is the hierarchy of an estate?: Father died, left estate to step mother. Who would be the next beneficiary? Step daughter or sister?"

The quick answer to your question is "There isn't a hierarchy used to divide an estate that's been bequeathed through a Last Will and Testament."

If a person dies "intestate" it means they died without a will. In that case, the laws of "intestate succession" in the United States govern the "descent" and distribution of any property not already accounted for by operation of law. In other words, if you die without a will then your estate is left to certain members of your living family.

Your fact pattern appears to indicate that the "father" here left his entire estate to his "step mother" (or maybe you mean his wife-- but we'll call her "step mother" throughout) via a Last Will and Testament. Assuming that will is ratified in probate as being authentic and assuming it is not successfully contested in probate court, then "step mother" gets the entire estate.

The estate will then become her property. And it will not be further divided or apportioned as if it were an "estate" after that.

However, when "step mother" dies, the property that comprised the estate (if she hasn't disposed of it) will be left to whoever she has named in _her_ will, or, if she has no will, then to certain members of her family who are still alive (for example, first to a surviving spouse, or if none, then to surviving children who get equal shares, or if there are none, then to surviving parents who get equal shares, etc.). Step-children may or may not be included in the intestate succession depending on the state in which the estate is probated.

This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.

His step mother? Or your step mother?
Most wills have contingent beneficiaries if the primary beneficiary pre-deceases the testator. If there are none, the gift would "lapse," and would pass as though intestate to the deceased's heirs. If step-ma survives the testator by one second it would pass to step-ma & then become part of her estate.

I believe LA is the only state that doesn't allow a testator to completely disinherit his/her children.