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Related to intestate: Intestate succession


Describing a person who dies without a will. When an intestate person passes away, his/her assets are distributed to the next of kin and/or the state according to the law where the intestate person lived. It is important to note that courts do not take into account the intestate person's wishes in this circumstance.


Of, relating to, or being an individual who has died without leaving a valid will. In such a case, the estate of the deceased is distributed according to the laws of the state in which he or she resided.


A person who dies without a will is said to have died intestate.

In this case, the probate court in the person's home state -- sometimes known as surrogate's court or orphan's court -- determines who has the right to inherit the person's assets and who should be named guardian of any minor children.

The process, known as administration, can be time consuming and expensive, and the outcome may or may not reflect what the intestate person would have wanted.


Without a will. All states have laws specifying the rules of intestate succession, or who will receive property, and in what shares, when someone dies without a will. If there is no one to inherit,then the property escheats to the state.

References in periodicals archive ?
9) Because the spouse receives 50 percent of the nonprotected homestead in an intestate estate, the impact is greater than cases involving the elective share, which is 30 percent of the elective estate.
19) The term "issue" is used within the statute to limit the portion of the intestate estate distributed to a spouse and, subsequently, the phrase "children or their descendants" is used when discussing distribution of a decedent's property when there is no surviving spouse.
The surviving spouse of the bequeather shall be entitled to inherit pursuant to intestate succession or alongside with the heirs (if any) of either the first or second degree of descent.
The right to benefit from the intestate estate of their spouses for women married by Muslim rites was addressed in the seminal case of Daniels v.
140) In that event, both A and A's descendants are treated as if they disclaimed, reallocating the partially intestate estate to other lines of children, if any, or to collateral relatives.
This Bill will remove the offensive definition of a person of Aboriginal descent from the Act and also remove provisions which automatically vest the estate of a deceased Aboriginal person if intestate in the Public Trustee.
14) This note urges that the South Dakota Legislature create a "committed partner" status for the purposes of inheriting intestate between committed heterosexual partners who meet the criteria set forth in "totality of the relationship" test.
On appeal, the Fifth Circuit said that the general proposition that a lapsed bequest becomes intestate property was qualified by Mississippi's anti-lapse statute (Miss.
Intestate money in the Duchies of Lancaster and Cornwall and tax arrears from the royal family are now the nation's property.
Without a will, property passes according to state law (see Degrees Of Kindred, page 116, Intestate's Will, page 117, and State Laws On Intestate Succession, pages 118-125).
The next stage in the legislative reform process was the law relating to intestate estates.
But some firms also research unclaimed estates or ones that are intestate, meaning no will was made, which are advertised by the Treasury Solicitor, racing each other to piece together a family tree and find relatives who are in line for an inheritance, according to probate genealogists Title Research.