In what situation would a court declare a person intestate?

Prepare for the Wills and Trusts Bar Exam with our comprehensive quizzes. Utilize flashcards and multiple choice questions featuring detailed hints and explanations. Ace your exam with confidence!

A person is declared intestate when they die without leaving a valid will. Intestacy refers to the condition of an estate when no legally recognized will outlines how the deceased's property should be distributed.

In situations where a valid will does exist, the court will follow the terms outlined in that document for distributing the deceased's estate. If there are contested wills, the court still assesses the validity of the existing wills rather than declaring intestacy. Additionally, even if there are no surviving relatives, if a valid will is in place, the estate will be distributed according to that will's instructions. Thus, the determination of intestacy is entirely dependent on the absence of a valid will, making the situation where there is no will the cause for declaring a person intestate.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy