Intestate

What Does Intestate Mean?

Intestate refers to the condition of dying without a valid will. When a person dies intestate, the deceased's estate passes through probate and is distributed under the intestacy laws of the state where the deceased was domiciled. These statutes provide a default distribution scheme that may or may not reflect what the deceased would have chosen.

Typical Intestate Distribution

While rules vary by state, most intestacy schemes follow this hierarchy:

• **Surviving spouse** receives the entire estate if there are no children, or a substantial share if there are children - **Children and their descendants** share what the spouse does not take, per stirpes - **Parents** inherit if there is no spouse or descendants - **Siblings and their descendants** inherit if there are no parents - **More distant relatives** (grandparents, aunts, uncles, cousins) inherit successively if closer relatives are unavailable - **Escheat to the state** occurs only if no heirs at any degree can be found

Consequences of Dying Intestate

Intestacy can produce results that the deceased would have rejected: estranged relatives may inherit, blended-family stepchildren typically receive nothing, unmarried partners are usually excluded, and minor children's inheritances are managed by court-appointed guardians. The probate process is often slower and more contentious without a will to guide it. Even modest estates benefit from a simple will to nominate guardians for minor children, designate executors, and direct specific bequests. Some assets pass outside intestacy: jointly owned property, accounts with beneficiary designations, and trust assets bypass the intestacy scheme.