property
intestate
Dying without a valid will. When a person dies intestate, their property passes to heirs according to the state's laws of descent and distribution, usually spouses, children, and other relatives in a set order. If no heirs can be found, the property may escheat to the state. The court appoints an administrator to handle the estate.
- Exam tip
- Intestate equals no will; testate equals with a will. With no heirs, the property escheats to the state.
- Example
- A widower dies without a will, leaving two adult children; under state law, they inherit his house in equal shares.
Related terms & state variants
Sources
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Last verified: 2026-10-23