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Related to Intestacy Rules: Intestate succession


The state or condition of dying without having made a valid will or without having disposed by will of a segment of the property of the decedent.


n. the condition of having died without a valid will. In such a case if the dead party has property it will be distributed according to statutes, primarily by the law of descent and distribution and others dealing with marital property and community property (all going to a surviving spouse). In probate the administration of the estate of a person without a will is handled by an administrator (usually a close relative, the spouse, a close associate), or a public administrator if there is no one willing to act, since there is no executor named in a will. In most states an administrator must petition the court to be appointed and must post a bond from an insurance company guaranteeing that it will pay the value of the assets he/she/it may steal or misuse. (See: will, intestate, probate)


the state of dying, leaving property undisposed of by will. This may be because the testator has failed to make a will at all or because his will does not make any effective disposition of property (total intestacy) or because his will effectively disposes of some, but not all, of his property (partial intestacy). The distribution of the intestate estate is made according to detailed rules.

INTESTACY. The state or condition of dying without a will.

References in periodicals archive ?
If there is no family member entitled under the intestacy rules, then the deceased person's estate will automatically pass to the government.
Those that do benefit under these intestacy rules can redirect their inheritance using a deed of variation.
If you die without a will in place at all, intestacy rules make no provision for cohabitees or step-children and even in the case of a married couple, they limit the amount passing to the surviving spouse on the first death.
He did not leave a will so his estate will be split between his six children under intestacy rules.
Under the intestacy rules which operate when a person has not made a will, stepchildren are not entitled to inherit a person's estate.
You would have to make a will though, since otherwise, if your wife survives you, she could receive the bulk of anything you leave on your death under the intestacy rules and could then distribute it as she chose.
Whilst it is true that some wills have been challenged in the courts, this is still quite a rare occurrence, and unless your wishes match exactly the intestacy rules applicable if you die without a will, it is definitely worth the relatively minor expense.
The intestacy rules attempt to anticipate what the wishes of a deceased would have been had he or she made a will.
If she hasn't made a will, you will each get half her estate under the intestacy rules when she dies.
This means your money and property will be distributed according to strict intestacy rules, not necessarily how you would wish.
If the intestacy rules (for people who die without making a will) would have the same result as your wife's will, then there may be no harm done.
A RECENT survey suggests intestacy rules - which govern how estates are divided up when someone who has not made a will dies - should be updated.