What is the difference between a will and an intestate estate?

The difference between a will and an intestate estate lies in how the deceased’s property is distributed. A will is a legally recognized document that can be used to direct how a person’s property is distributed upon death. All instructions and wishes specified in the will are followed and the property is divided accordingly. On the other hand, an intestate estate is one in which the deceased person did not have a will or any other type of plan in place, leaving it up to the state to distribute the property according to intestate succession laws. In California, when one dies without a will, their estate is distributed according to the laws of intestate succession. These laws dictate who is to receive the inheritance and in what proportion. For instance, when a person dies without any children, their estate is distributed between their surviving spouse and parents. If the deceased did not leave a spouse or parents, their estate is distributed to siblings or, if they do not have any, to the closest relatives. Additionally, if the deceased did not make a will, intestate succession laws also apply to any assets that were not covered in the will – such as bank accounts, property, and other assets. The state will then distribute these assets according to the laws of intestate succession. Ultimately, having a will ensures that your property is distributed according to your wishes, while an intestate estate is distributed according to the laws of intestate succession in California.

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What is the difference between a will and an intestate estate?

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