An Intestate individual is someone who dies without having created a valid will or estate plan to dictate the distribution of their assets. In such cases, the estate is subject to the laws of intestacy, which vary by jurisdiction.
When a person dies intestate, their assets are distributed according to state law rather than their personal wishes. This distribution typically prioritizes the deceased’s closest relatives, such as spouses, children, and parents, but the specific order and shares can differ widely by state. For example, in Texas, if an intestate individual is survived by a spouse and children, the spouse will inherit one-third of the community property, while the children will inherit the remaining two-thirds; if there are no children, the spouse may inherit the entire estate.
The intestate process also involves the appointment of an administrator by the probate court, who is responsible for managing the estate’s assets, paying debts, and distributing the remaining assets according to the state’s intestacy laws. This can lead to complications, delays, and potential conflicts among surviving relatives, making it essential for individuals to consider estate planning to avoid intestacy.
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