Intestate is a term that refers to the incident of dying without a legal will. This indicates that when the death of a person occurs intestate, it essentially means that they died without having a legal will. Before we continue with the concept of intestate, it is important to first comprehend the relevance of a legal will. Now, wills are statutory documents that are typically prepared by individuals with the help of their legal representatives. These documents hold information as to the allocation of that individual assets in the event of their demise. Now, if a person dies without preparing such a will, the process of distributing his assets becomes more challenging.
Now that we understand what a legal will essentially entails, it becomes easier to discuss the concept of intestate. It has been established already that a legal will hold all the relevant particulars which indicate how the properties of an individual are to be distributed in the event of his death. Now, if a person dies intestate, it means that they have died without leaving such a will. As a result, the responsibility of allocating their assets and properties falls on a probate court. The court proceeds with such allocation by appointing an administrator who is entrusted with managing the probate process.
Let us take into consideration the following example: suppose there exists an individual who possesses assets and properties that collectively have a greater value than that of their outstanding debts. Now, a situation arises where this person dies intestate which means he dies without creating a legal will. Here, the point of discussion would be what happens to the properties he owned?.
Now, all the assets previously owned by the aforementioned individual, including his real estate properties would be handed over to a probate court. Consequently, it becomes the responsibility of the probate court to determine the process of distribution of such assets while effectively identifying the true beneficiaries.
Ordinarily, in such situations, the properties are handed over to the spouse of the deceased. Next in line would be the children, if any. After this, the remaining assets would be distributed among descendants and other extended families. This is done according to the common law of the state. It should be noted that in case no family can be identified by the courts, the properties of the deceased are reverted to the state.
