What does “intestacy” mean?

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What does “intestacy” mean?

Asked on August 16, 2015 under Estate Planning, Ohio

Answers:

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

Answered 6 years ago | Contributor

Intestacy as to do with when someone dies without a Will. Under such circumstances, the "intestacy" or "succession" laws of the state in which the deceased was a resident on the day they died will control matters. The people who inherit when someone dies intestate are called heirs (if there was a Will they would be called beneficiaries). Since there is no executor, the person who is named in a Will to be in charge of an estate, the person who administers an estate when there is no Will is called a "personal representative". They are court appointed. If someone wants to be considered for the position, they must file a petition with the probate court.

To find out more information, you can google the name of the appropriate state and the word "intestacy".


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