What Does Dying Intestate Mean To Estate Succession? Things To Consider

Outlook Money

What Is Intestate?

Dying intestate means when a person dies without making a will. 

Intestate death

Claim Notice

If a person dies intestate, the court issues a notice to determine the claimants over the dead person’s property. 

Claim Notice

Property Rights

Each eligible heir will get a share in the property under the law, or they can mutually decide who gets what.


If The Person Was Single

The first right is of the person’s surviving parents and, in their absence, their siblings. Children of a single parent will also get a share.

If The Deceased Was Married

The property will be divided between the children, if any, and the spouse. If it is a joint ownership, it is divided among the spouse, siblings and parents.

What The Hindu Succession Act Says

It divides heirs into Class I, the immediate heirs, and Class II, the distant relatives.

Special Marriage Act

Property disputes may also arise due to cross-religion marriages. The Act provides equal rights to a property after the spouse's demise.

What Is A Will?

A will is a legal document confirming the estate succession plan as per the testator’s wishes after death. It helps decide who gets what.

Legal Heir

Benefit Of A Will

It helps prevent family disputes and lawsuits over a property.

Family Disputes

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