Intestate refers to a situation where a person dies without a valid will. When a person dies intestate, their property is not distributed according to their wishes but is instead handled according to state laws governing intestate succession. An intestate estate includes all property owned by the deceased that has not been effectively distributed through a will.
The term intestate is primarily used in the context of estate law. It is relevant in family law, probate proceedings, and inheritance matters. When a person dies intestate, the distribution of their estate follows the laws of intestate succession in the applicable state. Users can often manage the necessary legal processes themselves using templates from US Legal Forms, which are designed to help navigate these situations effectively.
Here are a couple of examples of abatement:
(Hypothetical example) If a person named Alex dies without a will and has a spouse and two children, the intestate estate will be distributed according to the state's intestate succession laws. In many states, the spouse may receive a portion of the estate, while the remainder is divided among the children.
| State | Intestate Succession Rules |
|---|---|
| California | In California, the spouse typically receives all community property and a portion of separate property. |
| Arizona | In Arizona, the surviving spouse inherits the entire estate if there are no children; if there are children, the spouse shares the estate with them. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Testate | A situation where a person dies having made a valid will. |
| Probate | The legal process of administering a deceased person's estate, which may include both testate and intestate estates. |
If you find yourself dealing with an intestate estate, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.
The estate is distributed according to state intestate succession laws.