Intestate
Dying without a valid will, so the estate passes by the state's own rules rather than by anybody's wishes.
What it means
Intestate simply means there is no will — or none that is valid. The opposite, testate, means there is one.
When someone dies intestate, the state's intestacy rules decide who inherits. Those rules are fixed and do not consider what anyone intended.
Why it matters
Families often assume that no will means the closest relative takes everything. Frequently the statute divides it instead, particularly between a spouse and children.
Partial intestacy is also possible: a will that disposes of some property but not all leaves the remainder to the statute.
When you are likely to meet it
- Whenever no will can be found, or the one found was not validly executed.
- When a court is asked to appoint an administrator rather than admit a will.
- When a family expects a particular person to inherit and the statute names somebody else.
How this varies by state
The distribution is set entirely by the state where the person lived, and states differ substantially — especially where there are children from a previous relationship.
Below is how the states Sahvelo has published describe it, in their own words, each linked to the guide that sources it.
Arizona
Testate
The condition of having died with a valid will. A decedent is "testate" if they left a will that meets Arizona's execution requirements (A.R.S. §14-2501, §14-2502). The vehicle passes per the will's terms (subject to the surviving spouse's elective share under A.R.S. §14-2503 if applicable).
Primary source (opens in a new tab) A.R.S. §14-2501, A.R.S. §14-2502
Intestate
The condition of having died without a valid will. When a decedent is intestate, Arizona's intestate succession statutes (A.R.S. §§14-2101 through 14-2614) determine who inherits the vehicle. Distinct from "testate" (with a will).
Primary source (opens in a new tab) A.R.S. §14-2101
California
Intestate / Testate
"Intestate" means the decedent died without a valid will; California's intestate succession statute (Prob. Code §§6401 through 6460) determines who inherits the estate. "Testate" means the decedent left a valid will executed in compliance with Prob. Code §6110 (formal will, witnessed) or §6111 ( holographic will — handwritten, signed by testator). Distinct paths to the same vehicle.
Primary source (opens in a new tab) Cal. Prob. Code §6110, Cal. Prob. Code §6401
Florida
Intestate / Testate
"Intestate" means the decedent died without a valid will; Florida's intestate succession statute (Fla. Stat. §§732.102 through 732.111) determines who inherits the estate. "Testate" means the decedent left a valid will executed in compliance with Fla. Stat. §732.502 (formal will, witnessed) or Fla. Stat. §732.503 (holographic will — entirely in the testator's handwriting, signed by the testator). Distinct paths to the same vehicle.
Primary source (opens in a new tab) Fla. Stat. §732.102, Fla. Stat. §732.502
Iowa
Affidavit of Death Testate or Intestate
The Iowa DOT's two forms — 411083 where there is a will that is not being administered, 411088 where there is none. Each is signed by the person entitled to possession and ownership of the vehicle under Iowa law, carries the odometer disclosure statement, and contains the creditor indemnity agreement that section 321.47 requires in place of any value ceiling.
Primary source (opens in a new tab) Iowa DOT — Title Transfer After Death, Iowa Code § 321.47
New York
Intestate / Testate
"Intestate" means the decedent died without a valid will; New York's intestate succession statute (EPTL §4-1.1) determines who inherits the estate. "Testate" means the decedent left a valid will executed in compliance with EPTL §3-2.1 (formal will), §3-2.2 (olographic will for personal property only), or another recognized form. Distinct paths to the same vehicle.
Primary source (opens in a new tab) EPTL §4-1.1, EPTL §3-2.1