What does intestacy mean?
Intestacy is the legal condition in which a person dies without leaving a valid will. It matters because the law must then determine how the person's property, debts, and estate should be distributed, usually through rules concerning surviving spouses, children, parents, and other relatives. The term is also sometimes used more generally to describe the absence of any formal arrangement or decision. Intestacy laws vary between jurisdictions, so the consequences and order of inheritance can differ from one legal system to another. The word is especially useful when discussing estate planning, because it highlights the legal uncertainty that may arise when someone dies without making their wishes clear in a legally recognized will.
nounThe state of dying without having made a valid will, leaving the distribution of the deceased's property to be governed by law rather than a testamentary document. The term can also refer more broadly to the absence of such a will.
- The condition of dying without making a valid will.
- The absence of a testamentary arrangement for the distribution of an estate.
"When she died in intestacy, her children inherited the house according to the laws of the state."
"The family argued over how the property should be divided after the owner died in intestacy."
"Because there was no will, the estate was settled under the jurisdiction's intestacy laws."
The plural is used when referring to separate cases of dying without a valid will or separate legal situations involving the absence of a will.
"The seminar examined intestacies in several jurisdictions and the rules governing inheritance in each case."
Without a will, even a straightforward family inheritance becomes a legal puzzle governed by intestacy laws.
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Where does intestacy come from?
The word comes from Latin intestatus, meaning “without a testament,” formed from in-, a prefix expressing negation, and testamentum, “will” or “testament.” English adopted the associated noun intestacy, and the related adjective intestate describes a person who dies without a will or an estate not disposed of by testament. The same Latin root also underlies testament, testate, and testator.
Related word forms
How intestacy is actually used
This is primarily a legal term. It is also used in broader contexts for situations in which no formal plan or disposition has been made.
Easily confused with intestacy
Intestacy is the noun meaning the condition of having no valid will, whereas intestate is the adjective describing a person or estate in that condition, and can also mean dying without a will.