Legal Definitions - intestacy rules

Intestacy rules are the legal guidelines that determine how a person's property and assets are distributed after they die without a valid will. When someone passes away "intestate" (meaning without a will), state laws step in to provide a default plan for who inherits their estate. These rules typically prioritize close family members, such as a surviving spouse, children, parents, and siblings, in a specific order of succession.

Here are some examples illustrating how intestacy rules apply:

• Example 1: A Single Person with Living Parents

  Maria, who was unmarried and had no children, passed away unexpectedly without ever creating a will. Her parents are both still alive, and she has one younger brother. Under the intestacy rules of her state, her assets would likely be divided between her surviving parents, or perhaps equally among her parents and brother, depending on the specific state's statutes. This demonstrates how the law provides a clear distribution plan when a person dies without expressing their wishes in a will, ensuring their property goes to their closest living relatives.

• Example 2: A Married Person with Children

  Robert died suddenly, leaving behind his wife, Sarah, and their two minor children. Robert had always intended to write a will but never got around to it. Because he died intestate, the state's intestacy rules would dictate how his estate is distributed. Typically, Sarah, as his surviving spouse, would receive a significant portion of his assets, with the remainder often being held in trust for or distributed to their children. This illustrates how intestacy rules aim to protect and provide for immediate family members, such as a spouse and direct descendants, in the absence of a will.

• Example 3: No Immediate Family

  Eleanor, a widow with no children, passed away. Her parents and all her siblings had predeceased her. Her only living relatives were a niece (the daughter of her deceased brother) and a distant cousin. Since Eleanor had no will, the intestacy rules of her state would be applied. These rules would typically prioritize the niece, as a direct descendant of a sibling, over the more distant cousin. This shows how intestacy rules establish a comprehensive hierarchy, reaching out to more distant relatives if no immediate family members are alive, to ensure that assets are distributed according to a predefined legal framework.