Origin 1540
Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of the estate under statutory intestacy laws rather than by the deceased's expressed wishes. The same condition can also apply where a will or declaration was made but covers only part of the estate, with the remainder forming the intestate estate. Intestacy law, also called the law of descent and distribution, varies by jurisdiction but establishes a hierarchy for inheritance that typically prioritizes close relatives such as spouses and children before extended family members, determining who is entitled to the property of the estate under the rules of inheritance. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Origin Period Core PrincipleAn estate with no valid will is distributed under statutory rules of descent that prioritize close relatives such as spouses and children. 1 Origin Period
Origin Period (category)Early Modern (1500-1800) 1 Classification
Doctrine Category Connections
In Area Of Law
Entity-backed identity for the doctrine category value this doctrine already carries as an enum fact, resolved to a doctrine entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.
Long-Form Articles
Sources
1. Intestacy (Wikipedia)
History and the common law, second paragraph
After the Statute of Wills 1540, Englishmen (and unmarried or widowed women) could dispose of their lands and real property by a will.
Lead section, first paragraph
Intestacy law, also referred to as the law of descent and distribution, which varies by jurisdiction, refers to the body of law (statutory and case law), that establishes a hierarchy for inheritance, typically prioritizing close relatives such as spouses, children, and then extended family members and determines who is entitled to the property from the estate under the rules of inheritance.
View the Source2. Wikipedia: Intestacy
the condition of the estate of a person who dies without a legally valid willView the Source Intestacy (Wikipedia)
Frequently Asked Questions
Who inherits an estate when a person dies without a will?
Statutory intestacy law decides who inherits, usually favoring a spouse and children before extended family.
When a person dies without a valid will, or with a will that covers only part of the estate, the remaining property is distributed under statutory intestacy law rather than by the deceased's own wishes. Intestacy law, also called the law of descent and distribution, varies by jurisdiction, but it establishes a hierarchy for inheritance that typically prioritizes close relatives such as a spouse and children before extended family members.
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