What does “intestate” mean?

Asked on August 6, 2015 under Estate Planning, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

"Intestate" is the term used when someone dies without a Will. The "intestacy" or "succession" statutes in the state in which the deceased was domiciled at their death will control the distribution of their estate. Typically it's, 1/2-1/3 to the survivng spouse, if any, with the remainder evenly divided among the children of the deceased (however this distribution can vary according to the specific state in question). inister the estate and asset distribution.

Since there is no Will, the first thing that is done is the appointment of a personal representaive, who serves in the same capacity as an exector would have had there been a Will. Typically, a family member or friend petitons the appropriate probate court for appointment. They then administer the estate (i.e. pay debts, file taxes, distribute assets) followed by closing probate.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

"Intestate" is the term used when someone dies without a Will. The "intestacy" or "succession" statutes in the state in which the deceased was domiciled at their death will control the distribution of their estate. Typically it's, 1/2-1/3 to the survivng spouse, if any, with the remainder evenly divided among the children of the deceased (however this distribution can vary according to the specific state in question). inister the estate and asset distribution.

Since there is no Will, the first thing that is done is the appointment of a personal representaive, who serves in the same capacity as an exector would have had there been a Will. Typically, a family member or friend petitons the appropriate probate court for appointment. They then administer the estate (i.e. pay debts, file taxes, distribute assets) followed by closing probate.


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