What is intestacy?

Intestacy refers to the situation where someone dies without having left behind a legally valid will (i.e., they never had a will at all, or they had a will which is later found to be invalid). Intestacy also applies to property which is not covered by a will. Most states generally have laws known as intestacy statutes which detail how someone’s probate estate should be handled and distributed when that person dies intestate.

A surprisingly large number of people die intestate, without a will. There are a lot of reasons for this - some people simply do not care, some do not think they own enough property to think it would be worthwhile to make a will, some do not realize how important a will can be and some simply do not want to expend the time, money and effort that is required in putting a will together.