The term intestate MOST nearly means to die
Audio Lesson
Duration: 2:48
Question & Answer
Review the question and all answer choices
leaving a will.
A is incorrect because dying 'leaving a will' is the opposite of intestate. When someone dies with a valid will, they are said to have died 'testate,' not intestate. The prefix 'in-' indicates the absence of something, in this case, a will.
without leaving a will.
without leaving an heir.
C is incorrect because intestate specifically refers to the absence of a will, not necessarily the absence of an heir. In fact, intestate succession laws exist precisely to determine who the legal heirs are when no will exists.
leaving property to the state.
D is incorrect because property does not automatically go to the state when someone dies intestate. Instead, state intestacy laws determine which relatives inherit the property, typically starting with spouses and children before moving to more distant relatives.
Why is this correct?
B is correct because 'intestate' specifically means dying without having created a valid will. The prefix 'in-' in this context means 'without,' making 'intestate' the precise term for death without a will, which triggers state intestacy laws for property distribution.
Deep Analysis
AI-powered in-depth explanation of this concept
The concept of dying intestate is fundamental in real estate practice because it directly impacts property transfer and ownership. When a person dies without a will (intestate), their property doesn't simply vanish or automatically go to the state. Instead, state laws dictate how the property will be distributed among heirs, which can significantly affect real estate transactions. This question tests basic vocabulary that underpins more complex estate planning concepts. The reasoning process involves understanding that 'in-' as a prefix often means 'not' or 'without,' as in incomplete or inactive. Thus, 'intestate' logically means 'without a will.' This question seems straightforward but can be challenging if students overthink it or confuse similar-sounding terms like 'testate' (having a valid will) or 'interstate' (between states). Understanding intestate succession is crucial for real estate professionals who may encounter properties where the owner has died without proper estate planning.
Knowledge Background
Essential context and foundational knowledge
Intestate succession laws are state-specific statutes that determine how a person's property will be distributed when they die without a valid will. These laws exist to provide a default mechanism for property transfer that reflects societal values about family relationships. Most states prioritize spouses and children as primary heirs, followed by parents, siblings, and more distant relatives. The concept dates back centuries to English common law, which established bloodlines as the primary basis for inheritance. In California, intestate succession is governed by the California Probate Code, which specifies detailed distribution formulas based on whether the deceased was married, had children, or had other living relatives.
Think of 'in-testate' as 'incomplete' - like a test that wasn't finished. When you die intestate, your estate plan is incomplete because you didn't complete the will.
When you see 'intestate' on the exam, remember it means the estate plan is 'incomplete' without a will.
For questions about 'intestate,' focus on the prefix 'in-' meaning 'without.' If a question mentions death without a will, intestate succession laws apply, not the terms of a will.
Real World Application
How this concept applies in actual real estate practice
A real estate agent shows a property to a buyer, only to discover during escrow that the seller recently passed away unexpectedly. The agent learns the seller died without a will, meaning the property is now subject to intestate succession. The agent must pause the transaction and inform the buyer that the sale requires court approval through probate, as the seller's heirs must be identified and may need to consent to the sale. This situation could delay closing by months and potentially derail the transaction if the heirs cannot agree on selling the property.
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