Intestate
National Real Estate Exam glossary · Transfer Of Title
Definition
The condition of dying without a valid will. The decedent's real property then passes to heirs according to the state's statute of descent and distribution; if no heirs can be found, the property escheats to the state.
Intestate in plain English
To die 'intestate' just means you died without leaving a valid will — no legal document saying who gets your stuff. When that happens, the state has a built-in backup plan (the 'statute of descent and distribution') that automatically decides which relatives inherit your property, in a set pecking order like spouse, then kids, then parents, and so on. It's like leaving a group project with no instructions, so the teacher hands out the pieces by a standard class rule instead of your wishes. And if investigators truly can't find any relative to receive it, the property 'escheats' — it goes to the state, because land is never allowed to just belong to nobody.
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