Ab intestato meaning

Ab intestato describes rights, title or property that arise when a person dies without a valid will, whether wholly or as to part of the estate (partial intestacy). It is a Latin, descriptive expression used in practice, pleadings and case law; the governing rules are set by intestacy legislation in each jurisdiction, not by the phrase itself. In England & Wales and Northern Ireland, it refers to entitlement under the statutory intestacy rules and the chain of entitlement to a grant of letters of administration, with the estate then distributed to the statutory next of kin. In Scotland, it describes succession under the Succession (Scotland) Acts, including prior rights and legal rights, with an executor dative appointed and confirmation obtained before distribution. In Ireland, it refers to distribution under the Succession Act 1965 and entitlement to a grant of letters of administration (intestate). Typical usage includes: “heir ab intestato”, “title ab intestato”, and “taking ab intestato”. The term signals that property devolves under intestate succession rules rather than by will or survivorship, and is relevant to identifying beneficiaries, determining priority to administer the estate, and resolving partial intestacy.