Intestate
The legal condition of dying without a valid will, causing an estate to be distributed according to state intestacy laws rather than the deceased's wishes.
What is Intestate?
Intestate refers to the condition of dying without a valid will or trust that directs how assets should be distributed. When a person dies intestate, the probate court applies the state's intestacy laws to determine who inherits the deceased's assets — a process that follows a statutory hierarchy rather than the decedent's personal wishes. Typically, assets pass first to the surviving spouse, then to children, then to parents, siblings, and more distant relatives. Assets that pass by beneficiary designation or joint ownership (such as life insurance, IRAs, and JTWROS accounts) bypass intestacy rules. Dying intestate can lead to unintended outcomes: unmarried partners receive nothing, minor children's assets may be controlled by a court-appointed guardian, and family disputes are more likely.
Example
A 45-year-old professional with $500,000 in assets dies without a will while unmarried and cohabiting with a long-term partner for 12 years. Under most state intestacy laws, the partner inherits nothing — the estate passes to the deceased's adult parents. Only a valid will could have designated the partner as beneficiary.