Intestacy


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Related to Intestacy: intestate

Intestacy

A situation in which one dies without a will. The assets of such a person are distributed according to the statutes of the jurisdiction where he/she resided, but the estate generally is administered by probate court.
References in periodicals archive ?
38) Because Sherri is not Decedent's legal child under the intestacy statute, Bella was likewise not the legal grandchild of Decedent.
It's much more personal and reassuring than the broad brush approach of the intestacy rules," he added.
therefore, the court held, Florida intestacy law applied to the case.
If a testator executes a will but leaves it incomplete, a so-called partial intestacy occurs: a decedent can be simultaneously testate (in part), and intestate (in part).
The executor's authority commences immediately on death, whereas, if there is no will, an administrator will have to be appointed on the intestacy, and this can take time.
122) Concubines have the right to inherit property through intestacy but either party within the relationship may terminate a concubinage at will, without the consent of the other party, (123) Two important cases involving Mexican concubinage within the United States both resulted in concubinage being rejected as a valid marriage by California courts.
The rules governing intestacy - or the divvying up of the deceased's remaining assets - can lead to frozen bank accounts and eventual inheritance outcomes that would come as a surprise to people from many other parts of the world.
However, any assets held in the deceased's sole name fall under the intestacy rules.
3) Unless passed by joint tenancy with rights of survivorship or beneficiary designation, these assets will likely be distributed through the probate process under the state intestacy statutes.
As a member of the national committee, the New South Wales ("NSW") Law Reform commission was responsible for examining intestacy laws in Australia and for making recommendations for the proposed model national uniform laws.
11) As the Florida Supreme Court has stated, "[t]he true meaning of these maxims of equity is that equity will treat the subject matter, as to collateral consequences and incidents, in the same manner as if the final acts contemplated of the parties had been executed exactly as they ought to have been" (12) The doctrine of virtual adoption specifically is intended "to avoid unfair results from the application of intestacy statutes.