Intestacy

When someone dies without a will, their estate is intestate.  Without a will, the courts must rely on the laws of intestacy to determine how the individual's assets are divided, and who will be appointed guardian of their minor children.

The laws of intestacy act as follows:

• If there is no surviving spouse, the children will inherit the entire estate.  Adult children will inherit their share outright, while minor children's shares will be administered by their guardian.

• If there are no children, the estate is split between the parents, or all to the survivor of them.

• If there are no surviving parents, the estate is split equally between the parent's next of kin.