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Related to intestacy: intestate


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 ?
The court of appeals did not give credence to Sherri's argument that Missouri's intestacy statute was in conflict with itself.
The intestacy rules date back to 1925 and have not been comprehensively reviewed for more than 20 years.
act depends on the intestacy law of the state in which the child is
Professor Sayre remarked in 1929 that "[e]ven a cursory examination of the current digests will disclose the large number of cases involving partial intestacy which appear in the reports every year," (6) and that observation remains no less true today.
More to the point, it is likely to be dwarfed by the professional advisory charges that often necessary following an intestacy in order to try to salvage the best of a bad job for your loved ones.
Those that do benefit under these intestacy rules can redirect their inheritance using a deed of variation.
4) In the absence of both a trust and a pour-over will, the entire estate will be distributed through the probate process under the state intestacy statutes (e.
in April 2005, the NSW Law Reform commission published an issues paper on the law relating to intestacy in all Australian jurisdictions.
Virtual adoption should be extended to confer standing to be appointed personal representative and to include other rights of a child--It is a natural extension of the established principles that virtual adoption should also embrace the collateral issues of the appointment of personal representatives and other issues under the intestacy statutes.
Since Daniel predeceased her leaving no descendants of his own (this is a reference to the California anti-lapse statute, which is beyond the scope of this article) and no contingent beneficiary is named, Anna Nicole's entire estate must pass via intestacy.
a Muncie, Indiana-based provider of trust-management software, "your assets will be distributed according to your state's intestacy laws, which probably won't be the same as your wishes.