Intestacy - The Treatment of Real and Personal Property of a Decedent who Dies Intestate.

Intestacy
Property can pass by contract, will, or operation of law, and without one of those constructs in place, estate assets pass under the laws of intestate succession.  The word intestate is derived from the Latin root intestātus meaning without a will.  If someone dies intestate, the decedent's estate is settled by the courts and the intestate sucession laws.  During the proceedings, the "Intestate's" (a word used to describe a decedent without a will), assets are distributed according to the state laws where the property is domiciled (located).  Because court administration is in effect, the Intestate does not control the order by which the heirs receive assets, the prescribed order of distribution is part of the succession laws.  The laws are also dependent on the nature and location of the estate property.  Real property (real estate and tangible personal property), and non-tangible personal property, can pass under the same set of rules.  This happens if the assets are located within the decedent's state of domicile (where the decedent lives).  But, different rules may apply to real property, or tangible personal property, located outside the decedent's domicile state.  The state where the property is located determines the intestacy statutes used for settlement.     
 

There are variations between the state laws that determine the distribution of the Intestate's property.  In most cases, the spouse of the decedent receives one-third to one-half of the estate with the remaining part of the estate divided among the children.  If the decedent is not survived by a spouse, the children will receive the entire estate in equal shares.  If no children exist, the decedent's parents are next in line, and the siblings are last.  Intestacy statutes exclude friends, charities, and business associates.  Even if the decedent had the intentions to leave assets to a charity, or a friend, the Intestacy laws are inflexible and preventing.  In a final measure, if no lineal descendants exist, the property of the Intestate escheats to the state.  Escheats means that the state is the ultimate heir of the Intestate's assets.