Intestacy
What Is Intestacy?
Intestacy occurs when a person dies without a legally valid will. When this happens, the distribution of the person’s assets is determined by state intestacy laws rather than by the individual’s personal wishes.
These laws establish a hierarchy of heirs who may inherit from the estate.
Why It Matters
Without a will, individuals lose control over how their assets are distributed after death. Intestacy laws may distribute property in ways that do not reflect the deceased person’s intentions.
Proper estate planning can help prevent intestacy and ensure assets are transferred according to personal wishes.
How Intestacy Works
When a person dies intestate, the probate court appoints an administrator to manage the estate.
The administrator is responsible for:
- identifying heirs according to state law
- paying debts and taxes
- distributing remaining assets to eligible relatives
Inheritance usually prioritizes spouses, children, parents, and other close relatives.
Example
A person dies without a will and leaves behind a spouse and two children. State intestacy laws determine how the estate is divided among them.
Intestacy vs Testate Estate
- Intestacy occurs when a person dies without a will.
- A testate estate refers to an estate distributed according to a valid will.
FAQs About Intestacy
Who inherits under intestacy laws?
Typically spouses, children, and other close relatives.
Does intestacy affect all assets?
Only assets subject to probate are affected.
Can intestacy create disputes among heirs?
Yes. The lack of clear instructions can lead to conflicts.
Related Terms
