What is the legal status of someone who dies without a legal will?

When someone dies without a legal will, they are considered intestate. This means that their estate will be distributed according to the laws of intestacy, which vary by jurisdiction. These laws typically outline a hierarchy of heirs who are entitled to inherit, often starting with spouses and children and moving to more distant relatives if closer relatives do not exist.

Being intestate implies that there is no documented expression of the deceased person’s wishes regarding the distribution of their assets. Consequently, the court appoints an administrator to manage the process of settling the deceased's estate in accordance with state laws. This situation is in contrast to being testate, which refers to someone who has left a valid will detailing how they wish their assets to be distributed. The terms executor and beneficiary relate to roles within the context of a will; an executor is appointed to carry out the instructions of a will, while a beneficiary is a person or entity designated to receive assets under the terms of the will. Since the scenario involves the absence of a will, these roles are not applicable.