Definition – Intestate
July 19, 2009
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 South Carolina Code of Laws 62-2-101 states that “[a]ny part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this Code. 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 legislators in Columbia.
See this post for more information on intestacy.