What Does Intestate Mean?
Dying without a will happens commonly in the United States and has serious implications for the family of the deceased. When this happens, a decedent is considered to have died “intestate.” If you’ve never heard of the term intestate, you aren’t alone. This article covers intestate estates, “died intestate” and its meaning, and the succession rules for some of the largest states in the U.S. as examples.
My relative died intestate. Does that mean no one gets their estate?
Dying intestate does not automatically mean no one gets their estate. Dying intestate means the state decides what happens with the deceased’s estate.
Intestate definition: what does intestate mean?
The term "intestate" refers to a legal situation in which an individual passes away without having a valid will in place to specify how their assets and estate should be distributed after their death. When someone dies intestate, the distribution of their property, belongings, and other assets is typically determined by the laws of intestate succession in the relevant jurisdiction. These laws vary by region but generally outline a hierarchy of heirs who are entitled to inherit the deceased person's estate. In the absence of a will, intestacy laws provide a framework for the orderly distribution of assets among surviving family members or other designated beneficiaries.
Intestate vs. testate: what’s the difference?
The main difference when it comes to testate vs. intestate lies in whether or not a person has a valid will at the time of their death.
Intestate:
- Definition: When an individual dies intestate, it means that they passed away without having created a valid will or left behind an incomplete or invalid will.
- Distribution of assets: In the absence of a will, the distribution of the deceased person's assets is determined by the laws of intestate succession, which typically follow a predetermined hierarchy of heirs, such as spouses, children, parents, and other relatives.
Testate:
- Definition: When a person dies testate, it means that they have created and left behind a valid will before their death.
- Distribution of assets: The distribution of the deceased person's assets is guided by the instructions outlined in their will. The individual, referred to as the testator, specifies how they want their property and belongings to be distributed among beneficiaries. This can include family members, friends, charities, or other entities mentioned in the will.
In summary, the key distinction is the presence or absence of a valid will. Intestate refers to the situation where there is no will, and the distribution is determined by legal guidelines, while testate involves a valid will that dictates the distribution of the deceased person's estate according to their wishes.
What is intestate succession?
Intestate succession is a legal concept that governs the distribution of a deceased person's estate when they have not left a valid will or when their will is incomplete or invalid. In the absence of clear instructions from a will, intestate succession laws outline the order and manner in which the deceased person's assets and property are to be distributed among their heirs.
The specific rules of intestate succession can vary by jurisdiction, as they are determined by state or country laws. However, there are common principles that often apply. Typically, the deceased person's next of kin and close relatives, such as spouses, children, parents, and siblings, are given priority in the distribution of the estate.
Here are some general principles of intestate succession:
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Spouse and children: In many jurisdictions, a surviving spouse and children are usually the first in line to inherit from the intestate estate. The share each receives may depend on factors like the number of children and whether the property is considered community or separate property.
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Parents and siblings: If there is no surviving spouse or children, the estate may pass to the deceased person's parents. If the parents are not alive, it may then pass to the siblings.
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Extended family: In the absence of close relatives, the inheritance may extend to more distant relatives, such as grandparents, aunts, uncles, and cousins.
The specifics can vary, so it's important to consult the laws of the relevant jurisdiction to understand how intestate succession is handled in a particular location. It's worth noting that intestate succession provides a default framework for distribution, and it may not always align with the preferences of the deceased person or the needs of their family members. Creating a valid will allows individuals to have greater control over the distribution of their assets after death.
Each state has its own set of intestate succession rules. California’s intestate succession rules can differ from Texas and Florida, for example. There are some really helpful flowcharts to help you understand intestate succession based on which state you live in.
Creating a will is an excellent way to ensure your wishes are honored at the end of life, and is only one step in estate planning. Ever Loved’s free checklist can help you get started with recording your own wishes and preparing you and your loved ones for end-of-life.
