intestacy

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 reviewed in February of 2023 by the Wex Definitions Team ]

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