As an expert in the field of estate planning and succession law, I often find myself explaining the intricacies of what happens when a person passes away without having made a will, a situation commonly referred to as dying "intestate." The term "intestate heirs" refers to the individuals who are legally entitled to inherit a deceased person's property under the intestate succession laws of their state.

When a person dies intestate, the distribution of their estate is governed by a set of legal rules that vary from state to state. These rules are designed to provide a fair and equitable distribution of assets in the absence of the deceased's express wishes as stated in a will. The process of intestate succession is typically administered by the probate court, which oversees the distribution of the deceased's assets to the rightful heirs.

### **Key Considerations in Intestate Succession:**


1. Spouse and Children:** Generally, if the deceased is survived by a spouse and children, the estate is divided between them according to the state's intestate succession laws. The spouse may receive a certain percentage or a fixed share, while the children divide the remainder.

2. ***Parents:** If there are no surviving children but the deceased's parents are alive, they may be entitled to inherit the estate.

3. ***Siblings and More Distant Relatives:** If the deceased has no surviving spouse, children, or parents, the estate may pass to the deceased's siblings or more distant relatives, such as nieces, nephews, or cousins.

4. ***State Laws:** It's important to note that the specific rules governing intestate succession can vary significantly from one state to another. Some states may have more generous provisions for certain relatives, while others may have a more rigid hierarchy of heirs.

5. ***Exclusions:** There may be individuals who are specifically excluded from inheriting under intestate succession laws, such as a spouse who is legally separated from the deceased or children who have been disinherited.

6. ***Community Property States:** In community property states, the rules can be more complex because property acquired during the marriage is considered to be owned equally by both spouses. This can affect how the estate is divided among the intestate heirs.

7. ***Probate Process:** The probate process can be time-consuming and costly, particularly for intestate estates, as the court must determine the rightful heirs and oversee the distribution of assets.

8. ***Tax Implications:** Intestate succession can also have tax implications, as the estate may be subject to state inheritance or estate taxes, depending on its value.

9. ***Avoiding Intestacy:** The best way to avoid the complexities and potential disputes of intestate succession is to create a will that clearly outlines how one's assets are to be distributed upon death.

10. ***Legal Assistance:** It's always advisable to seek legal assistance when drafting a will to ensure that it is valid and that it accurately reflects the testator's wishes.

### **Conclusion:**

Dying intestate can lead to a complex and potentially contentious process for determining who inherits one's property. Intestate heirs are those who, by operation of law, are entitled to inherit in the absence of a will. It's crucial for individuals to understand the intestate succession laws in their state and to consider the benefits of creating a will to provide clear instructions for the distribution of their assets.

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Understanding Intestacy: If You Die Without an Estate Plan. When a person dies without having a valid will in place, his or her property passes by what is called "intestate succession" to heirs according to state law. In other words, if you don't have a will, the state will make one for you.read more >>