Legal Definitions - intestate share

An intestate share refers to the portion of a deceased person's estate that a specific heir is legally entitled to receive when the person dies without a valid will. When someone dies "intestate," state laws, known as intestacy laws or laws of intestate succession, dictate how their assets will be distributed among their surviving relatives. The "intestate share" is the precise percentage or amount of the estate that each legal heir receives according to these statutory rules, rather than according to the deceased's personal wishes expressed in a will.

Here are some examples to illustrate this concept:

• Example 1: Spouse and Children

  Mark passes away unexpectedly without having created a will. He is survived by his wife, Lisa, and their two young children, Ben and Chloe. According to the intestacy laws in their state, Lisa is entitled to the first $150,000 of Mark's estate plus one-half of the remaining balance, while Ben and Chloe equally split the other half of the remaining balance. Lisa's portion of the estate, determined by these state statutes, is her intestate share.

• Example 2: No Spouse or Children

  Eleanor, a single woman with no children, dies without a will. Her parents are both deceased, but she has two living siblings, David and Susan. The state's intestacy laws specify that if there is no surviving spouse or direct descendants, the estate passes to the deceased's siblings in equal shares. In this scenario, David's one-half portion of Eleanor's estate, as dictated by law, constitutes his intestate share.

• Example 3: Distant Relatives

  Robert dies intestate, having never married and with no children, parents, or siblings. After a thorough search, the court determines that his closest living relatives are his two first cousins, Maria and Paul. The state's intestacy laws dictate that in the absence of closer relatives, the estate should be divided equally among the closest surviving next of kin. Therefore, Maria's one-half portion of Robert's estate, as determined by the legal hierarchy of heirs, is her intestate share.