intestacy

Intestacy

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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

intestacy

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

intestacy

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.

Collins Dictionary of Law © W.J. Stewart, 2006

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

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.