Legal Definitions - intestate

The term intestate describes the situation when a person passes away without having created a legally valid will. When someone dies intestate, their personal wishes regarding the distribution of their assets and property cannot be followed. Instead, the distribution of their estate is governed by specific laws established by the state where they resided, known as "intestacy laws." These laws dictate who inherits the deceased's property, typically prioritizing close family members such as spouses, children, or parents, and the process is overseen by a probate court.

• Example 1: A Single Person with No Will

  Evelyn, a retired teacher, lived alone and had no immediate family. She often told her friends that she wanted her modest savings to go to her favorite local animal shelter. However, Evelyn passed away suddenly without ever writing a will. Because Evelyn died intestate, her verbal wishes are not legally binding. Instead, state intestacy laws will dictate that her assets be distributed to her closest living blood relatives, even if they are distant cousins she barely knew, rather than to the animal shelter she intended to benefit.

• Example 2: A Married Individual Who Assumed Their Spouse Would Inherit Everything

  Michael and Sarah had been married for 40 years and had three adult children. Michael always assumed that if anything happened to him, Sarah would automatically inherit all their shared property and his personal assets. He never got around to writing a will. When Michael unexpectedly passed away, he died intestate. While Sarah, as his surviving spouse, will likely inherit a significant portion of his estate, state intestacy laws might also stipulate that their children inherit a direct share of certain assets, which could complicate the estate settlement and might not align with Michael's unstated intention for Sarah to receive everything first.

• Example 3: An Individual with Estranged Family and Specific Intentions

  Robert had been estranged from his only sibling for many years and had no other living relatives. He had a very close relationship with his long-time caregiver, Lisa, and frequently expressed his desire for her to inherit his home and savings. Despite his clear intentions, Robert died without ever formalizing a will. Since Robert died intestate, his estate cannot legally go to Lisa. Instead, state intestacy laws will search for his closest living blood relative, which in this case would be his estranged sibling, and distribute his assets to them according to the legal hierarchy, completely overriding Robert's wishes for Lisa.