Intestate means a person died without a valid will controlling how the estate should be distributed. In plain language, it means state default inheritance rules step in because there is no effective will to follow.
Why It Matters
The term matters because people often assume property will naturally pass according to family expectations. In reality, intestate succession follows statutory priority rules that may not match what the deceased person would have chosen.
Where It Appears
The term appears in probate proceedings, family inheritance disputes, heirship determinations, estate-administration petitions, and litigation over whether a will was valid.
Practical Example
A person dies owning property in their own name and leaves no valid will. The probate court applies state intestacy rules to determine which relatives inherit and in what shares.
How It Differs From Nearby Terms
- Will provides instructions that can avoid intestate distribution.
- Beneficiary under a will or trust is chosen by the document, while intestate heirs are chosen by statute.
- Probate is still often the process used to administer an intestate estate.
Related Terms
Knowledge Check
- Does intestate mean there is automatically no estate administration? No. The estate may still go through probate under state inheritance rules.
- Why is intestate succession important? Because it determines who receives property when no valid will controls.