What is intestate?

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

Where the word "Intestate" comes from

Intestacy comes from the Latin intestatus, meaning without a will. When someone dies without a valid will, the state's intestacy statutes supply a default plan, typically favoring a surviving spouse and children, then parents and more distant relatives.

Why Intestate matters

It matters because the intestacy default may not match your wishes, and it can create disputes among family members. Understanding the default plan is the strongest argument for writing a will.

Common confusion about Intestate

Dying intestate does not mean the state takes the property. It means state law distributes it to relatives in a fixed order, and only if no relatives can be found does the property escheat to the state, so most intestate estates still go to family.

A real-world example of Intestate

A single man with no will dies owning a house and bank accounts. Under his state's intestacy law, his parents inherit, and if they are also deceased, his siblings share the estate, with the shares depending on the state's scheme.

A worked example of Intestate

A woman dies without a will, leaving a husband and two children. Most states give the spouse a share and divide the rest among the children, but the exact split varies by state, and in some states the spouse receives everything if the children are also the spouse's. If she had also left a parent and no children, the parent might inherit instead of distant cousins, showing how the statutory order determines the outcome.

How Intestate works in practice

If you have any assets and care who inherits them, write a will, because intestacy gives you no say. When updating an estate plan, check that the will covers all assets, because property that slips through still passes by intestacy. If you are an heir in an intestate estate, expect the probate court to appoint an administrator who follows the statutory distribution.

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