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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 ?
Wendy Edwards, an associate solicitor within Archers' wills, probate and trusts team, said: "The changes to the intestacy rules do make things simpler in some cases.
It's much more personal and reassuring than the broad brush approach of the intestacy rules," he added.
Those that do benefit under these intestacy rules can redirect their inheritance using a deed of variation.
If a residuary devise fails in toto, the intestacy rules apply even though there is a will unless the will includes an alternative residuary provision.
Intestacy rule are not favorable (as previously discussed) to unmarried couples.
It was hard enough dealing with our grief but we also had to go through the heartache of having his estate apportioned according to strict intestacy rules.
This means your money and property will be distributed according to strict intestacy rules, not necessarily how you would wish.
It is important to remember that, should you successfully prove that the Will is invalid, any earlier Will will stand or, the absence of an earlier Will, the intestacy rules will apply.
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.
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.