Intestate
Dying without a valid will. State law (the 'intestate succession statute') determines who inherits what — usually spouse and children first, then parents, siblings, and outward.
Roughly 60% of US adults die intestate. The state's intestate succession statute is a default; it cannot be changed after death. Each state's rules differ in detail, particularly for blended families: a surviving spouse and the deceased's children from a prior marriage often split assets in specific shares set by state law, regardless of what the deceased would have wanted.
Probate is required for intestate estates in most cases. The court appoints an administrator (functionally an executor, but called administrator when there's no will). The administrator follows the intestate statute in distributing assets.
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts) and jointly-owned property pass outside the intestate process. They go to the named beneficiary or surviving joint owner regardless of state law. This is why a will alone is not a complete estate plan; the beneficiary designations on accounts matter as much or more.
- Probate— The court-supervised process of validating a will (if there is one), paying debts, and transferring the deceased's property to heirs. Required in most cases, though some assets bypass it.
- Executor— The person legally responsible for settling a deceased person's estate — paying debts, filing taxes, distributing assets per the will. Named in the will, or appointed by the court if there is none.
- Beneficiary designation— A named recipient for a specific account — life insurance, 401(k), IRA, payable-on-death bank accounts. Overrides the will. Passes outside probate.
This definition is general consumer information, not legal, medical, or financial advice. Industry practices and regulations change occasionally; verify before relying on anything here for a specific decision.
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