Intestacy or "dying intestate" means dying without having a valid will or having a will that fails to dispose of all of your probate property.

If you haven't written a will, the rules of the state in which you have legal residence determines what happens to your money and property. Every state legislature, including the District of Columbia, has a statute that describes how property owned by an intestate person is to be distributed when they die.

The statute describes who is to receive what portion of the decedent's estate, depending on the relationship of the surviving beneficiaries to the decedent. For example, in some states if the decedent is survived by spouse and parents but has no children, one-half of the decedent's property would pass to the parents and the remainder to the spouse. In other states, the spouse would inherit all of the decedent's property. While it is possible that your state legislature correctly and exactly guessed your intentions, it is unlikely.

It is possible for a person's estate to be controlled by both their own will and the laws of intestacy. This would happen if the will was poorly drafted and failed to dispose of all of the person's assets.