An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse.
Each state has an intestacy law which specifies who is to inherit property in the absence of a will. Intestacy laws vary by state, so consult local laws to determine the specific provisions in your state.
For example, the following link is to the statute governing intestate
distribution in New York:
http://assembly.state.ny.us/leg/?cl=38&a=14
