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What is intestate succession or intestacy?

Category: Probate and Estates

“Intestate succession” is how the law says real estate, money, vehicles, and other assets pass when a person dies without the right paperwork to control how their assets are distributed (Wills, trusts, beneficiary designations, etc.). This applies when no planning is done, when documents are not done properly, or when something gets left out of the paperwork. Intestacy usually makes the probate process more complicated, longer, and more expensive. How property is divided up under the laws of intestate succession can cause a lot of stress and conflict, especially when spouses and children inherit co-ownership of property. Without proper planning, property may pass to family members the person who died did not talk to, like, or want to get anything. Even children who were given up for adoption may have an interest in a biological family member’s estate.