Intestacy law refers to the law that governs what happens to a person's property if he or she dies without a will. It is distinct from probate law, which governs how wills are enforced. Intestacy law allows a court to determine the proper distribution of assets in a fair and streamlined manner.
When a person dies, he usually leaves assets behind. Wise estate planning dictates that a person should write a will that distributes his possessions. When a valid will is created, the requests of the deceased will be enforced by the court and the executor of the estate.
If an individual dies without a will, someone must determine what is done with his assets. Since no executor has been named, the responsibility falls to the court. Thus, laws must determine what the court is to do.
Intestacy laws are designed to ensure the fairest distribution of monies and to try to ensure the funds go to the deceased's next of kin. Intestacy laws differ by country and by state, but it is common for intestacy laws to look at the closeness of a familial connection when distributing the assets.
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