What occurs if a person dies "intestate"?

Study for the Wills Bar Exam. Prepare with flashcards and multiple choice questions; every question has hints and explanations. Get ready for your exam success!

When a person dies "intestate," it means that they have not left a valid will to direct the distribution of their assets. As a result, the state’s intestacy laws will govern how the deceased's property is distributed among their heirs. These laws vary by jurisdiction but typically prioritize relatives such as spouses, children, parents, and siblings in a specific order of succession.

The choice reflecting this legal framework and practice is the one indicating that the state will determine property distribution according to its laws. This process does not consider the deceased's personal wishes, which would have been indicated in a will, but instead relies on statutory provisions designed to distribute assets in a manner seen as fair and logical.

In contrast, other options, which suggest that the deceased either had a court-approved will, died with a valid will, or that assets automatically transfer to a surviving spouse, misrepresent the situation of intestacy, as none of these scenarios apply when someone passes away without a will. This distinction is crucial for understanding the implications of dying intestate and the role that probate courts play in administering estates under those circumstances.

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