What Is the Meaning of Intestacy?


Intestacy occurs when an individual passes away without a valid will. In this case, the person who has died is said to have “died intestate,” and their estate is distributed according to state laws of intestacy. Intestacy law determines who will receive the estate from the deceased individual, usually a surviving spouse or children of the deceased. When someone dies without a will, it is essential to understand the laws of intestacy and how they will affect the distribution of their estate.

Under intestacy law, family members are entitled to receive the deceased’s assets in accordance with state statutes. Generally speaking, when a person dies without a valid will, their surviving spouse and children will be the primary beneficiaries of their estate. Depending on the state, other relatives, such as siblings, parents, and grandchildren, may also be entitled to a portion of the deceased’s assets.

While states have some variation in how they distribute assets under intestacy law, some common themes are often present. For instance, if an individual dies intestate and is survived by their spouse and children from a previous marriage, the spouse will typically receive a larger portion of the estate while the children may receive smaller portions.

It is essential to understand that intestacy laws can be complex and differ from state to state. For this reason, it is best to consult a skilled estate planning lawyer if you have questions about how your or your family’s assets will be distributed upon death without a will in place. Knowing the details of your state’s intestacy laws can help you make informed decisions about how to distribute your estate in a way that best suits your wishes.


Contact an Experienced Marietta Attorney for Help

If you die without even a Will (intestate), the legislature of your state has already determined who will inherit your assets and when they will inherit them. You may disagree with the state’s plan, but roughly seventy percent of Americans die without a will, and their heirs are forced to adhere to the state’s rules.

Don’t be one of the seventy per cent who die without a will! Contact us or check out the various Estate Packages we offer or Wills and Trusts to have your first will drawn up. Please don’t wait until it is too late to draft up one of your most important documents.

When planning for your family or your future, there will be a lot to consider. Consult with a Marietta attorney to determine which is the best plan for you and your family. Our experienced attorneys can help you navigate the complexities of intestacy laws and ensure that your estate is distributed according to your wishes.

To get started, contact Perigon Legal Services at (770) 268-2475 to learn about our Estate Planning Services and make sure you are covered adequately.