Probate Glossary

Intestate

When someone dies without a valid will controlling the estate.

Definition

Intestate means a person died without a valid will, or without a will that disposes of all probate property. When an estate is intestate, state law usually determines who inherits and who has priority to serve as Personal Representative.

Frequently Asked Questions

What happens if someone dies without a will?

When someone dies without a valid will, the estate is usually handled under state intestacy laws. Those laws determine who may inherit and who may have priority to serve as Personal Representative.

What is the difference between an heir and a beneficiary?

An heir may inherit under state law when there is no valid will. A beneficiary is someone named to receive property through a will, trust, beneficiary designation, or other estate planning document.