What Does Intestate Mean Legally?

When someone passes away intestate, it means they've died without leaving a legally valid will. As a result, they have no legal document directing how their assets should be distributed. Instead, the intestate succession laws of their state determine who receives their property and in what proportions.

What happens to my children if I die intestate?

If you die intestate with minor children, the court will appoint a guardian for them. Without a will naming your preferred guardian, the court makes this decision based on what it determines to be in the children's best interest. Additionally, any inheritance for minor children will typically be managed by a court-appointed guardian of the property until the children reach adulthood.

Can intestacy laws be challenged?

While the intestacy laws themselves cannot be challenged, there are limited circumstances where the application of these laws might be contested. For example, someone might challenge whether a particular person qualifies as an heir, or dispute whether certain property belongs to the estate.

Does intestacy affect all assets?

Intestacy laws only affect assets that would otherwise pass through a will. Many valuable assets fall outside this category, including assets with named beneficiaries (retirement accounts, life insurance), jointly owned property with right of survivorship, assets in trusts, and payable-on-death accounts.

How long does the intestate process take?

The administration of an intestate estate typically takes longer than estates with valid wills. Simple estates might be settled in 6-12 months, but complex situations can take years. Factors affecting the timeline include estate size and complexity, court backlogs, and disputes among potential heirs.

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Intestacy

See what happens when you die without a will, as state intestacy laws determine who inherits your assets, who raises your children, and who administers your estate through lengthy court proceedings instead of your wishes. Watch "Last Will and Testament" to understand how creating a properly executed will keeps you in control of your legacy, protects your loved ones, and ensures your estate is handled according to your preferences rather than default state laws.