Real Estate

Intestate

Dying without a valid will. State law then decides who inherits, according to a fixed formula.

Dying intestate does not mean the state takes your property, which is a common misconception. It means your state has a default statute that determines who inherits and in what shares.

That formula may not match what you would have chosen, and it takes no account of relationships, needs, or intentions. If there are minor children involved, a court also decides guardianship without your input.

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Related Terms

Will

A legal document directing who receives what you own in your own name, and naming a guardian for any minor children.

Probate

The court process that validates a will, settles debts, and transfers what someone owned in their own name after they die.

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