DefineLaw

What is intestate?

Intestate means dying without a valid will, so state law decides who inherits.

Why it matters

It removes your choice and can send assets to distant relatives you did not want.

Common confusion

Intestate is no will; testate means a valid will exists.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

Who inherits if I have no will?

A state formula, usually spouse and children first.

Does the state take my property?

Only if no eligible relatives exist at all.

Can I avoid intestacy?

Yes, by signing a valid will or trust.

Related estate terms