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From: Darrell Martin <>
Subject: [TMG] Intestate (was: sourcing false information)
Date: Thu, 1 Apr 2004 14:49:44 -0500 (EST)


** MY REPLY-TO IS SET INCORRECTLY, SORRY **

Greetings:

I think there is some confusion about the term "intestate". It does *not* mean "did not leave a will". It means "the estate went to probate, and it was the determination of the authorities that no valid could be 'proved'." In this context, the word "proved" is used in an archaic/legal sense meaning "brought to completion or fullness, or shown to be valid".

There are therefore at least four potential statuses in which one might find a deceased's estate:

1. A will was accepted ("proved") by the probate court (deceased died "testate"),

2. The probate court determined that no will had been found (deceased died "intestate"),

3. The probate court found that a document claiming to be the deceased's will existed, but that it was invalid for one reason or another (deceased died "intestate"),

4. The estate was never in probate (NEITHER term applies).

It is important to recognize that the term "intestate" *can* apply to a person who left a written document purporting to be a will. It is also important to note that if no probate authority ever dealt with a deceased person's estate, that the deceased died neither "testate" nor "intestate", since those are probate conclusions.

My suggestion is to find the probate record and view all documents contained therein, even if an index says the deceased was "intestate" (for all sorts of reasons); or, record sufficient evidence of research to conclude that no probate record likely exists. HOWEVER, it can never be said with any logical certainty that a negative has been proved....

For what it might be worth.

Darrell


Darrell A. Martin
a native Vermonter in exile in Illinois


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