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Legal Definitions - intestato
Definition of intestato
Intestato describes the legal status of a person who has died without leaving a valid will to direct the distribution of their assets. When someone dies "intestato," their estate is distributed according to the laws of intestacy in their jurisdiction, rather than according to any personal wishes they may have had but did not formally document.
Example 1: Sudden, Unexpected Passing
Sarah, a healthy 35-year-old professional, tragically passed away in an unforeseen accident. She had never considered creating a will, as she felt she was too young and didn't have substantial assets. Because no valid will exists, Sarah's estate is considered intestato, and her property will be distributed to her legal heirs according to the specific inheritance laws of her state, rather than any personal preferences she might have had.Example 2: Procrastination and Lack of Formalization
Mr. Henderson, an elderly widower, often spoke to his children about how he wanted his modest home and savings divided among them. However, he continually postponed making an appointment with an attorney to draft a formal will, believing he had plenty of time. When he eventually passed away, no legally recognized will was found. Consequently, Mr. Henderson's estate is intestato, and his assets will be distributed based on the default rules of intestacy, which may or may not perfectly align with the informal wishes he expressed during his lifetime.Example 3: Invalid Will Document
After Mrs. Chen's death, her family discovered a handwritten document she intended to be her last will and testament. However, upon review by legal counsel, it was determined that the document lacked the required number of witnesses and was not properly signed according to the legal formalities of her jurisdiction. Despite her clear intentions, the document was legally invalid. As a result, Mrs. Chen is considered to have died intestato, and her estate will be settled and distributed according to the state's laws for individuals who die without a valid will.
Simple Definition
Intestato, a term originating from Roman law, describes a succession or inheritance that occurs when a person dies without having made a valid will. In such cases, the deceased's property is distributed according to the laws of intestacy, rather than any personal instructions.