Each week we select a legal term or phrase that’s commonly misunderstood, interesting, or may make you reconsider telling Crazy Uncle Larry what you really think of him. This week’s word is the latter.

Written by: Amy E. Seely

Here’s the thing about wealth: when the grim reaper calls your number, you can’t take it with you.  So, to whom do your worldly possessions go?  The short answer is “it depends.”

If a will exists, then it is certified valid by the court (or “probated”) and the deceased’s written wishes are honored. If no valid will exists, the deceased is said to have died “intestate,” and who gets what is decided by local intestacy rules. The rules for determining the deceased’s heirs vary, and may be determined by statute or based on common law. 

Generally speaking, the court with jurisdiction over the deceased’s estate will appoint an administrator to distribute his property to his heirs (usually his next of kin). In certain circumstances, this may result in an heir receiving more by intestacy than he or she would have if a valid will had been in place, especially in cases of parents disowning their children or leaving a surviving husband or wife nothing in a will. 

A person can die intestate for a number of reasons, ranging from the rational to the absurd. First, many people find the idea of preparing for death to be a morbid concept, choosing instead to leave their potentials heirs’ inheritances undocumented rather than admit their own mortality. Others attempt to execute their own wills, not knowing that many states have specific requirements for the document to be considered valid. Still others may hire an attorney to draft a will, only for their heirs to discover that a small error on the part of the drafter has cost them millions. Just as unfortunate are the cases where a valid will exists, but no one in the grieving family knows where the will is kept! In a world full of natural disasters, invalid wills, and people determined to live forever, it’s not surprising that the deceased’s estate can go from probate to intestacy faster than one can say “rest in peace.”

So, what happens when someone dies and no heirs can be found?  When a person dies “heirless,” the estate is said to “escheat,” or pass directly to the government.  In fact, inheritance hunting has turned into a lucrative career in the US, where people scour obituaries and look for long-lost relatives to inherit large fortunes…with a percentage deducted as a finder’s fee, of course. So, as awful as it may sound, it may be a good idea to send that second cousin twice-removed a birthday card this year, and don’t forget to ask how their Microsoft stock is doing!