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Intestacy is the state of dying without a will. If a person dies without a will they are said to have “died intestate.” The estate of a person who has died intestate goes through probate court. The state’s intestacy rules will determine who will inherit the decedent’s assets. Typically, the takers are relatives of the decedent. In order to take under intestacy, the person must survive the decedent.

[Last updated in February of 2023 by the Wex Definitions Team]