Taxation & Estate Planning

Definition - Intestate

By Christopher L. Miller

Nope, it’s not a highway.  Intestate (or intestacy) means that a Decedent has died and has not left a Last Will and Testament to be admitted to probate. The New York Estates, Powers, and Trusts Law Section 4-1.1 sets forth those persons who are entitled to the estate of a Decedent who died intestate. Thus, everybody has an estate plan in place, even if a Last Will has not been executed.

Note - The statute may not reflect how you would want your estate to be distributed. It is best to consult with an attorney to discuss your estate planning, and not leave your estate plan in the hands of Albany.

Full post as published by Res Publicae - The New York Estates Blog on July 19, 2008 (boomark / email).