Intestacy is the state of dying without a Will. If a person dies without a Will he/she is said to have “died intestate.”
Intestacy may occur not only where a person fails to make a Will but also for other reasons such as:
- the Will fails to properly dispose of all their assets
- the Will is not valid because it has not been signed and witnessed according to the law
- the person did not have mental capacity to make a Will
- the Will has been poorly drafted and the legal rules of construction have not been followed.
The estate of a person who has died intestate goes through probate court. The state’s intestacy laws will determine who will inherit the decedent’s assets.