New York State Private Investigator Practice Exam

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What does intestate mean?

A person who dies leaving behind a will
A person who dies without a valid will
A person who legally adopts another
A person who is deemed incompetent to manage their affairs

The correct answer is: A person who dies without a valid will

Intestate refers to a situation where a person dies without leaving a valid will. This status has significant legal implications because, in the absence of a will, the distribution of the deceased's estate is determined according to state law, specifically following the intestacy statutes. These laws outline how assets are divided among the surviving relatives, which can vary significantly from what the deceased might have chosen if they had created a will. The other choices pertain to different legal concepts: leaving behind a will signifies dying testate; legal adoption does not impact intestacy; and incompetency relates to an individual’s capacity to manage affairs, not directly to the absence of a will. Understanding the term intestate is crucial for navigating the legal landscape of estate management and inheritance.