Also known as: abintestato · intestacy · intestate succession
Written by attorneys · grounded in primary & secondary sources — see below
Succession or inheritance occurring when a decedent dies without a valid will. Distribution follows the applicable statutes of descent and distribution among the decedent's heirs at law.
Anthony Arnold creates a trust leaving the remainder to the descendants of his brother. When the trust terminates, the brother has already died without a will. The trustee distributes the assets among the living descendants in the shares they would have received had the brother died intestate owning the property at that time.
Amber Alonzo dies owning several parcels of real property. Because she left no will, title to the parcels passes directly by operation of law to her heirs under the state statute of descent and distribution. A court-appointed administrator later executes deeds only to perfect record title.
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Ava Adebayo, a U.S. citizen, dies without a will in the United States. Her German relatives claim personal property under a treaty guaranteeing rights to inherit ab intestato. The court recognizes their claim because the treaty removes state-law obstacles to taking by intestacy.
Aaron Adams dies intestate leaving substantial assets. State law bars his acknowledged nonmarital son from any share. The son sues, and the court holds the statute unconstitutional because an absolute exclusion from intestate succession based on illegitimacy violates equal protection.
Alexis Archer owns small fractional interests in Indian trust land and dies without a will. Under federal statute the interests escheat to the tribe rather than passing to her heirs by intestate succession. Her heirs sue, claiming the escheat effects an uncompensated taking of property.
Abigail Alvarez dies without a will in New York. Her estate includes both real and personal property. The court applies New York intestacy statutes to determine the shares of her surviving relatives rather than federal tax rules or any other body of law.
The phrase describes the manner in which property passes when a person dies without a valid will. Title transfers by operation of law to the decedent's heirs under the governing statute of descent and distribution.
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When a class gift to descendants or issue does not specify shares, the property is divided among living class members in the proportions they would receive if the designated ancestor had died intestate owning the property at the time the gift becomes possessory.
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No. An absolute statutory bar on nonmarital children inheriting from their fathers by intestacy violates the Equal Protection Clause because the classification is not substantially related to an important governmental interest.
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…this case is the constitutionality of § 12 of the Illinois Probate Act[^maj-1] which allows illegitimate children to inherit by intestate succession only from their mothers. Under Illinois law, legitimate children are allowed to inherit by intestate succession from both their mothers and their fathers.[^maj-2] I Appellant Deta…