The term intestate applies in a few circumstances. First, when a person dies without writing a will, the person is said to have died intestate. If this is the case, the applicable state laws will govern how the assets of the estate are distributed.
Second, a person who writes a will can specify that he or she wants the estate to be distributed according to the laws of intestate succession. This means the decedent wants the applicable state laws to govern the distribution of property.
Third, there is a possibility that the probate court might decide a will is invalid. If this happens, the deceased’s estate will be treated the same as if he or she never wrote a will.
Finally, it is possible to have a valid will that does not distribute all the assets of the deceased. This typically happens when a gift fails (for example, a will gives everything to the decedent’s brother, but the brother died before the decedent) or when all bequests are made but there are still assets left in the estate (the applicable state laws governing death without a will govern who gets the remaining assets).
