Intestate Succession

In one sentence

The legal process of distributing a deceased person's property when they leave no valid will.

Plain English

If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.

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Example

David dies in a car accident without a will. Under his state's intestate succession laws, his wife receives half his estate and his two adult children split the other half. If he had left a will favoring his best friend, it wouldn't matter—the law overrides it.

Used in a sentence

“Because the deceased left no will, the court applied intestate succession rules to distribute her property to her nearest relatives.”

Related terms

Probate

The court process of validating a will and distributing a deceased person's estate.

Executor

The person appointed to carry out the instructions in a will.

Elective Share

A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.

Power of Attorney

A legal document authorizing someone to act on your behalf in financial or medical decisions.

Living Will

A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.

Public Policy

Contracts that violate society's fundamental interests or values are unenforceable.

Guardianship

A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.

Testamentary Trust

A trust created within a will that takes effect after the person dies.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.