Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, which vary by jurisdiction, refers to the body of law (statutory and case law), establish 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.
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👉 Intestate in the context of Arcadia Bandini de Stearns Baker
Arcadia Bandini de Stearns Baker (1827–1912) was a wealthy Californio landowner and socialite of Los Angeles. She played an important role in the elite society of Los Angeles and, later, Santa Monica. She was married to two wealthy Anglo-American men over the course of her life, Abel Stearns and then Colonel Robert S. Baker. Like many californias of her time, Arcadia Bandini provided to her Anglo husbands opportunities for entrance into and alliances within the established californio elite society. She was a skilled businesswoman in her own right, as well as a renowned hostess and organizer of balls and other social functions.
Through her Bandini family wealth and the wealth of her husbands, she amassed an enormous estate and fortune, and upon her death was one of the wealthiest women in America. In her later life, she was considered "the great benefactress of Santa Monica" for her investments in and contributions to the development of the city. As she had no children and died intestate (without leaving a will), her death prompted an infamous court battle for control of her estate.
Intestate in the context of Surrogate Court
A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as orphans' courts or courts of ordinary. In some jurisdictions probate court functions are performed by a chancery court or another court of equity, or as a part or division of another court.
Probate courts administer proper distribution of the assets of a decedent (one who has died), adjudicates the validity of wills, enforces the provisions of a valid will (by issuing the grant of probate), prevents malfeasance by executors and administrators of estates, and provides for the equitable distribution of the assets of persons who die intestate (without a valid will), such as by granting a grant of administration giving judicial approval to the personal representative to administer matters of the estate.
Intestate in the context of Administration (probate law)
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will.
Where a person dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased within England and Wales, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust.