Intestate

Intestate in United States

Intestate Definition

One who, having lawful power to make a will, has made none, or one which is defective in form. In that case, he is said to die intestate, and his estate descends to his heir at law. This term comes from the Latin intestatus. Formerly, it was used in Prance indiscriminately with de-confess; that is, without confession. It was regarded as a crime, on account of the omission of the deceased person to give something to the church, and was punished by privation of burial in consecrated ground. This omission, according to Floumel, Hist, de Avocats, vol. 1, p. 116, could be repaired by making an ampliative testament in the name of the deceased. Vely, torn. 6, p. 145; Henrion de Pansey, Authorite Judiciaire, 129, and note. See Descent; Distribution; WiU.

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Legal Issue for Attorneys

One who, having lawful power to make a will, has made none, or one which is defective in form. In that case, he is said to die intestate, and his estate descends to his heir at law. This term comes from the Latin intestatus. Formerly, it was used in Prance indiscriminately with de-confess; that is, without confession. It was regarded as a crime, on account of the omission of the deceased person to give something to the church, and was punished by privation of burial in consecrated ground. This omission, according to Floumel, Hist, de Avocats, vol. 1, p. 116, could be repaired by making an ampliative testament in the name of the deceased. Vely, torn. 6, p. 145; Henrion de Pansey, Authorite Judiciaire, 129, and note. See Descent; Distribution; WiU.

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Notice

This definition of Intestate Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

Without making a will (in U.S. law). The word is also often used to designate the person who has died without making a will. See also testator (in U.S. law); letters of administration (in U.S. law); probate (in U.S. law).

(Revised by Ann De Vries)

What is Intestate?

For a meaning of it, read Intestate in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Intestate.

Basic Meaning of Intestate

Intestate means: the state or condition of dying without having made a will.

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See Also

  • Legal Topics.
  • Further Reading (Articles)

    Intestate Succession and Heir Property: Implications for Future Research on the Persistence of Poverty in Central Appalachia, Journal of Economic Issues; December 1, 2007; Deaton, B. James

    Mother’s Baby, Father’s Maybe! – Intestate Succession: When Should a Child Born out of Wedlock Have a Right to Inherit from or through His or Her Biological Father?, Columbia Journal of Gender and Law; January 1, 2012; Davidson, Camille M.

    Intestate in Indiana: what happens if you die without a will? (Estate Planning).(Brief Article), Indiana Business Magazine; August 1, 2002; Cole, Stacy

    Succession – Which “Mother” is Entitled to Inherit Under the Intestates’ Estates Ordinance?, Mondaq Business Briefing; June 8, 2010

    Respecting commitment: a proposal to prevent legal barriers from obstructing the effectuation of intestate goals., Cornell Law Review; July 1, 2000; Holob, Marissa J.

    IRS OKs rollover by widow of intestate IRA owner. (Tax Facts)., National Underwriter Life & Health-Financial Services Edition; August 4, 2003; Caudill, April K.

    Don’t let your heir down: draw up a will or you may end up ‘intestate’, Intelligencer Journal Lancaster, PA; September 16, 2002; Patti S. Spencer

    Selling an Intestate Property., Daily News (Colombo, Sri Lanka); February 5, 2010

    DATELINE: CHICAGO; Dying intestate, Filipino Reporter; May 4, 1995; Joseph G. Lariosa

    Australia : Bill Introduced to End Intestate Discrimination, Mena Report; September 27, 2012

    Adult Adoption: Intestate Succession and Class Gifts under the Uniform Probate Code, Northwestern University Law Review; October 1, 2011; Ratliff, Sarah

    CALCUTTA HIGH COURT ISSUES ORDER REGARDING TESTAMENTARY, INTESTATE JURISDICTION IN THE GOODS OF: RAJAT KANTI BANERJEE, DECEASED, US Fed News Service, Including US State News; May 28, 2010

    CALCUTTA HIGH COURT ISSUES ORDER ON TESTAMENTARY AND INTESTATE JURISDICTION, US Fed News Service, Including US State News; July 24, 2010

    WHERE WILL IT ALL END UP?; MARJORIE CALDER Looks at the Pitfalls That Can Happen Should You Die Intestate, Daily Record (Glasgow, Scotland); November 12, 2002; Calder, Marjorie

    GOVERNOR MCDONNELL ANNOUNCES 70 MPH SPEED LIMITS ON 680 MILES OF INTERSTATE – 61 PERCENT OF VIRGINIA’S 1,119 MILES OF INTESTATES BEING POSTED AT 70 MPH -., States News Service; October 20, 2010

    The Royal Bounty ; Twenty-Seven Members of the Family Signed a Settlement to Divide the Fabulously Wealthy Estate Left Behind by Fatehsinhrao, the Last Reigning Maharaja Who Died Intestate in 1988, India Today; November 11, 2013; Jolly, Asit

    Debts after death: some people die intestate and leave a mess behind for their relatives to clear up. Others die not only intestate, but in debt. Richard Baker looks at what happens next.(Intestacy), What Investment; January 1, 2006; Baker, Richard

    Intestate Aviation Committee says pilot guilty in Boeing 737 crash – Transport Minister Sulaimanov., AKIpress News Agency; November 11, 2008

    intestate, Webster’s NewWorld Dictionary; January 1, 1988

    EXPECT LANE CLOSURES ON INTESTATE-5 IN LEWIS COUNTY ON NIGHT, MAY 11-15, US Fed News Service, Including US State News; May 9, 2008


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