A man dies without leaving a valid will. He is said to have died
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intestate.
in fee simple defeasible.
Fee simple defeasible is a type of property ownership interest that can be lost upon the occurrence of a specified condition — it has nothing to do with how a person dies or whether they had a will.
probate.
Probate is the legal process through which a deceased person's estate is administered and debts are paid — it is a court procedure, not a description of dying without a will. Both testate and intestate estates may go through probate.
via devise.
A devise is a testamentary gift of real property made through a valid will — it is the opposite scenario, applying when someone DOES have a will and uses it to transfer real property to a named beneficiary.
Why is this correct?
A person who dies without a valid will is legally defined as having died 'intestate,' which triggers the intestate succession laws of their state. In California, the Probate Code governs how intestate estates are distributed, following a statutory hierarchy that begins with the surviving spouse and children. The term 'intestate' is the precise legal vocabulary for this situation, distinguishing it from testate succession where a valid will directs asset distribution.
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