Intestate
Legal Definition and Related Resources of Intestate
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Intestate
In the strict sense of the word, a person is said to die intestate when he leaves no will, but he is also said to die intestate, wholly or partially, if he leaves a will which does not dispose of his property at all or only disposes of part of it, so that the whole or part of same devolves to his next-of-kin according to the devolution of intestate estates. He also dies intestate if none of his heirs are around to claim his estate.
Intestate Alternative Definition
One who, having lawful power to make a will, has made none, or one which is defective in form. In that case, he is said to die intestate, and his estate descends to his heir at law. This term comes from the Latin intestatus. Formerly, it was used in Prance indiscriminately with de-confess; that is, without confession. It was regarded as a crime, on account of the omission of the deceased person to give something to the church, and was punished by privation of burial in consecrated ground. This omission, according to Floumel, Hist, de Avocats, vol. 1, p. 116, could be repaired by making an ampliative testament in the name of the deceased. Vely, torn. 6, p. 145; Henrion de Pansey, Authorite Judiciaire, 129, and note. See "Descent"; "Distribution"; "WiU."
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Related Legal Terms
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Mentioned in these terms
Absolute Estate, Administration, Letters Of, Administrator, Capita, Per, Coparcener, Coparcenary, Descent, Distributive Share, Equitable Adoption, Fee Simple, Heir, Heiress, Inheritance, Inheritance Tax, Letters Of Administration, Presumption Of Advancement, Pretermitted Heir, Privies, Doctrine Of Relation, Seisin, Succession.
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This definition of Intestate is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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Meaning of Intestate in the U.S. Legal System
Definition of Intestate published by the National Association for Court Management: Dying without a will.
Concept of Intestate in the context of Real Property
A short definition of Intestate: Without leaving a will, or leaving an invalid will so that the property of the estate passes by the laws of succession rather than by direction of the deceased.
Concept of Intestate in the context of Real Property
A short definition of Intestate: Without leaving a will, or leaving an invalid will so that the property of the estate passes by the laws of succession rather than by direction of the deceased.
Intestate