Intestate Succession

Intestate is where a person dies without having made a will. Or, if a will fails for some legal reason, the property is distributed to his relatives pursuant to the state’s intestacy statute. Although intestacy statutes differ from state to state, the general rule is that the deceased’s real property is distributed according to the intestacy statute of the state where the real property is located, and the deceased’s personal property is distributed according to the intestacy statute of the state where the deceased had his or her permanent residence.