Legal Definitions - intestacy

Intestacy refers to the legal situation that arises when an individual passes away without having created a valid will. In such cases, the person is said to have "died intestate."

When someone dies intestate, their assets and property are not distributed according to their personal wishes (since none were formally expressed in a will). Instead, the distribution of their estate is governed by the specific inheritance laws of the state where they resided. These state laws, often called "intestacy laws" or "laws of descent and distribution," provide a predetermined hierarchy of heirs, typically prioritizing surviving spouses, children, parents, and other close relatives. The process of distributing assets under intestacy usually involves probate court oversight to ensure compliance with state law.

• Example 1: The Unexpected Loss

  Maria, a 42-year-old entrepreneur, tragically passed away in an unforeseen accident. She was single, had no children, and had always intended to draft a will but never got around to it. Her parents are still alive, as are two younger siblings.

  How this illustrates intestacy: Because Maria died without a will, her estate is subject to intestacy. The state's intestacy laws will dictate how her assets (such as her business shares, savings, and personal property) are distributed. Typically, in such a scenario, her parents and siblings would be the primary beneficiaries according to the state's predetermined rules, rather than any specific friends or charities she might have wished to support.

• Example 2: A Blended Family's Complication

  Robert, a widower, remarried Sarah, who also had children from a previous marriage. Together, Robert and Sarah had one child. Robert passed away suddenly without updating or creating a new will after his remarriage. He owned a house solely in his name and had several investment accounts.

  How this illustrates intestacy: Robert died intestate regarding his current family situation. Even though he had a spouse (Sarah) and children (both biological and stepchildren), the absence of a will means state intestacy laws will determine how his house and investments are divided. These laws often prioritize the surviving spouse and biological children, which might lead to an outcome different from what Robert would have intended for Sarah and all his children, potentially creating complications for the blended family and disputes over inheritance.

• Example 3: The Distant Heir

  Eleanor, an elderly woman, lived a solitary life after her husband passed away years ago, and they had no children. She had lost touch with her extended family and passed away without a will, leaving behind a modest estate. After a thorough search by the probate court, a grand-niece she had never met was identified as her closest living relative according to genealogical records.

  How this illustrates intestacy: Eleanor died intestate. Since she had no spouse, children, or closer living relatives like parents or siblings, the state's intestacy laws would trace her family tree to find the next closest legal heirs. In this case, the grand-niece, despite having no personal relationship with Eleanor, would inherit her estate because she is the designated beneficiary under the state's intestacy rules for individuals without closer kin.