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Related to Intestate: Intestate succession


The description of a person who dies without making a valid will or the reference made to this condition.


adj. referring to a situation where a person dies without leaving a valid will. This usually is voiced as "he died intestate," "intestate estate," or "intestate succession." (See: intestacy, intestate succession)

INTESTATE. One who, having lawful power to make a will, has made none, or one which is defective in form. In that case, he is said to die intestate, and his estate descends to his heir at law. See Testate.
     2. This term comes from the Latin intestatus. Formerly, it was used in France indiscriminately with de confess; that is, without confession. It was regarded as a crime, on account of the omission of the deceased person to give something to the church, and was punished by privation of burial in consecrated ground. This omission, according to Fournel, Hist. des Avocats, vol. 1, p. 116, could be repaired by making an ampliative testament in the name of the deceased. See Vely, tom. 6, page 145; Henrion De Pansey, Authorite Judiciare, 129 and note. Also, 3 Mod. Rep. 59, 60, for the Law of Intestacy in England.

References in periodicals archive ?
9) Because the spouse receives 50 percent of the nonprotected homestead in an intestate estate, the impact is greater than cases involving the elective share, which is 30 percent of the elective estate.
19) The term "issue" is used within the statute to limit the portion of the intestate estate distributed to a spouse and, subsequently, the phrase "children or their descendants" is used when discussing distribution of a decedent's property when there is no surviving spouse.
Similarly to many other civil law jurisdictions, the contemporary Lithuanian law differentiates two ways of property transference: "Paveldejimas pagal testamentq" (a testate succession) and "Paveldejimas pagal {statymq' (an intestate succession).
The right to benefit from the intestate estate of their spouses for women married by Muslim rites was addressed in the seminal case of Daniels v.
The person entitled to be the PR of the intestate estate is the person with priority to a grant (71).
Although the amendment's language appeared to be limited to intestate succession, the Q&As clarified that domestic partners who take under a will are entitled to the Article 13 reassessment exemption.
At death, property generally passes by contract, form of ownership, will, or intestate succession.
If you die without a will, your property will be disposed of in accordance with the applicable intestate succession acts (for example, the Intestate Succession Act (Alberta) 2000.
If pre-marriage wills are not affirmed through a signed codicil at the very least, the individuals will die intestate and subject to state inheritance laws.
Yet he was an isolated, reclusive man; he published almost nothing; he was fascinated by the occult; he devoted much time to alchemy and unorthodox theology; he knew the place of chaotic forces in life even though his theories are referred to as 'Newton's laws', he died a wealthy man but intestate.
YOUR lawyer's advice is correct - this is the law of intestate succession.
Because Massachusetts lacked clear rules on whether posthumously conceived children would qualify as intestate heirs, the federal court asked the state's highest court for guidance on the matter.