Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate".

What happens to a person's estate if it is declared intestate?

When someone dies intestate, the probate court appoints an administrator to compile the person's assets. They will then pay any outstanding debts and contribute the remainder to the deceased's beneficiaries.

What does it mean when someone dies intestate?

Intestate refers to dying without a legal will. When a person dies in intestacy, determining the distribution of the deceased's assets then becomes the responsibility of a probate court. An intestate estate is also one in which the will presented to the court was deemed to be invalid.