Delaware Wills and Trusts Practice Exam – Prep & Study Guide

Intestacy refers to the situation in which an individual dies without having created a valid will. In the absence of a will, the distribution of the deceased's property is governed by the intestacy laws of the jurisdiction where they lived, or where their property is located. These laws typically outline how the estate is to be divided among the surviving relatives, following a specific order of priority.

Understanding intestacy is crucial because it highlights the importance of having a valid will to ensure that one's wishes regarding property distribution are honored after death. It also emphasizes the potential complications and unintended consequences that can arise when an individual fails to leave a will, as their estate will be distributed according to statutory rules rather than personal intentions.