Intestacy

Intestacy refers to the state of dying without a valid will in place. This means the deceased individual (the "decedent") did not leave instructions outlining how their assets and property should be distributed after their death. When a person dies intestate, the distribution of their estate is governed by the intestacy laws of their jurisdiction (typically a state or province).

These laws establish a hierarchy of heirs who are entitled to inherit the deceased's property. The specific order and proportions in which assets are distributed vary depending on the jurisdiction and the family circumstances of the deceased.

Generally, intestacy laws prioritize the surviving spouse and children of the deceased. If there is a surviving spouse and children, the spouse may receive a portion of the estate, while the children receive the remainder, or the estate may be divided in some other proportion as defined by local law. If there is no surviving spouse or children, the laws typically provide for distribution to other relatives, such as parents, siblings, grandparents, aunts, uncles, and cousins, in a specific order.

The intestacy laws also address situations where the deceased had only one type of relative (e.g., a surviving spouse but no children or parents) or no surviving relatives at all. In the latter case, the deceased's property may escheat (revert) to the state.

The process of administering an intestate estate is similar to that of administering a testate (with a will) estate. A personal representative, often called an administrator, is appointed by the probate court to manage the estate's assets, pay debts and taxes, and ultimately distribute the remaining property to the rightful heirs according to the intestacy laws. The administrator has similar fiduciary duties as an executor named in a will.

It is important to note that the specific rules and procedures governing intestacy can be complex and vary considerably by jurisdiction. Seeking legal advice from a qualified attorney is crucial when dealing with an intestate estate to ensure proper administration and compliance with applicable laws. The laws also address issues such as adopted children, stepchildren, and non-marital children. State laws generally try to approximate the intentions of the deceased based on common familial relationships, but without a will, this can be difficult, and the results might not align with the deceased's wishes.