Glossary

Intestate: Plain-English Meaning

Define Intestate in plain English, see where it appears, why it matters, related terms, and what to verify under state law.

Last updated August 13, 2026 · Educational publication · Editorial policy

Plain-English meaning

Intestate

The condition of dying without a valid will controlling the property at issue.

Why the term matters

State intestacy statutes identify heirs and shares, while the court appoints an administrator or personal representative.

Do not confuse it with

An estate can be partly intestate if a will fails to dispose of certain property, and nonprobate assets can still pass outside intestacy.

Where you may see it

The term may appear in a signed will or trust, a court petition or order, a deed, an account or policy form, a fiduciary report, or correspondence from a tax or benefit agency. Read the defined-terms section and the complete sentence before deciding what role or action it describes.

Records that give the term context

  • marriage, divorce, birth, adoption, death, and family-tree records
  • asset-title and beneficiary information separating probate from nonprobate property

What to verify

  • Who qualifies as an heir under the relevant state's law?
  • Is there a valid will, later writing, or nonprobate transfer affecting the asset?

Example without case advice

If a notice uses “intestate,” first identify the person or property the word refers to, the document supplying the definition, and the deadline or decision attached to it. The same word can carry a different procedural effect in a trust, probate file, tax form, or account contract.

Sources to verify

Use the controlling court, agency, statute, provider record, or governing document before relying on a general explanation.