Intestate

What is Intestate?

Intestate refers to the condition of an individual who passes away without having made a legal will. When a person dies intestate, their estate is allocated to their legal heirs according to the state’s intestacy laws rather than the decedent’s personal wishes. If there are no legal heirs, the property may escheat, or revert to the state.

Examples

Example 1: Jane dies without a will, leaving behind a house, bank accounts, and personal property. Since she died intestate, the state laws will determine that her assets are inherited by her surviving spouse and children.
Example 2: Robert, with no surviving family members, dies intestate. As no heir comes forward, his property escheats to the state.

Frequently Asked Questions

Q: How are assets distributed if someone dies intestate? A: The assets are distributed based on the state’s intestacy laws, which typically prioritize spouses, children, other direct relatives, and then more distant family members.

Q: What happens if an intestate person has no heirs? A: If no heirs can be located or identified, the estate generally escheats to the state, which may then claim ownership.

Q: Can the intestate laws be different from one state to another? A: Yes, intestacy laws can vary significantly between states, dictating different rules for who inherits and in what order.

Q: What can an individual do to avoid dying intestate? A: Creating a valid and legally binding will can ensure that the individual’s assets are distributed according to their wishes rather than by the state’s default laws.

Will: A legal document expressing the testamentary intentions of an individual, particularly concerning the distribution of their estate after death.
Probate: The judicial process wherein a will is validated, and an estate is administered.
Escheat: The process by which unclaimed property reverts to the state when there are no legal claimants or heirs.
Legal Heirs: Individuals who are entitled by law to inherit the estate of a deceased person when there is no will.

Online Resources

Nolo’s Guide to Intestacy Laws: A comprehensive overview of how intestate succession works.
American Bar Association on Intestate Succession: Resources and educational content on intestate status and property distribution.

References

“Intestacy.” Investopedia. Accessed October 2023. Investopedia.
“Intestate Succession.” Legal Information Institute. Accessed October 2023. Legal Information Institute.

Suggested Books for Further Study

The Executor’s Guide: Settling a Loved One’s Estate or Trust by Mary Randolph J.D.
Plan Your Estate by Denis Clifford Attorney
Estate Planning Basics by Denis Clifford Attorney

Real Estate Basics: Intestate Fundamentals Quiz

### What does it mean to die intestate? - [ ] To die with a fully detailed will. - [ ] To have an invalidated will at the time of death. - [x] To die having made no valid will. - [ ] To die with a contested will during probate. > **Explanation:** Dying intestate means dying without having made a valid will. In such situations, the estate is distributed according to state law. ### Who typically inherits if a person dies intestate? - [x] Legal heirs according to state laws - [ ] Charities designated by local governance - [ ] The deceased's creditors first and foremost - [ ] Probate court officials > **Explanation:** The legal heirs inherit according to the state’s specific intestacy laws, which outline a hierarchy of relatives who will receive the property. ### What happens to an estate if there are no heirs and the person dies intestate? - [ ] The estate is divided among local charities. - [ ] It remains unmanaged indefinitely. - [x] The estate escheats to the state. - [ ] The estate is given to the highest claim bidder. > **Explanation:** If there are no identifiable legal heirs, the estate generally escheats to the state, meaning the state takes ownership of the property. ### Are intestacy laws uniform across the United States? - [ ] Yes, they are federally mandated. - [x] No, they differ from state to state. - [ ] Only in commonwealth states. - [ ] They are identical in neighboring states. > **Explanation:** Intestacy laws can vary significantly depending on the state, each having different regulations regarding inheritance. ### What can an individual do to ensure their assets are distributed according to their wishes? - [ ] Write a personal note detailing wishes. - [x] Create a valid and legally binding will. - [ ] Inform the intended heirs verbally. - [ ] Let the state automatically determine. > **Explanation:** Creating a valid and legally binding will is the best way to ensure that an individual’s assets are distributed according to their personal wishes rather than falling to state intestacy rules. ### What is the judicial process called to validate a will? - [ ] Escheat - [x] Probate - [ ] Intestacy - [ ] Conveyance > **Explanation:** The probate process validates a will and supervises the administration of the deceased's estate. ### When does property escheat to the state? - [ ] Only when specified by the will. - [x] When there are no legal heirs found. - [ ] When the property is heavily in debt. - [ ] When the probate process fails. > **Explanation:** Property escheats to the state when no legal heirs can be identified, transferring the ownership of the estate to state management. ### How is the order of inheritance regulated when someone dies intestate? - [ ] By municipal guidelines. - [ ] By international law. - [ ] By banking policies. - [x] By state intestacy laws. > **Explanation:** The order of inheritance is regulated by state intestacy laws, which govern the distribution of assets when there is no will. ### Can legal heirs dispute the state's decision in an intestate death? - [x] Yes, through the probate court. - [ ] No, the state decision is final. - [ ] Only through a civil lawsuit. - [ ] Through federal intervention. > **Explanation:** Legal heirs can dispute the state’s decision through the probate court where the will is administered and estate matters are settled. ### Which document best allows a person to specify their asset distribution? - [ ] A codicil - [ ] A living will - [x] A testamentary will - [ ] A trust > **Explanation:** A testamentary will is designed to specify the distribution of assets upon the person's death, clearly outlining their wishes.