TMG-L Archives

Archiver > TMG > 2004-04 > 1080856642


From: Lee Hoffman <>
Subject: Re: [TMG] Intestate (was: sourcing false information)
Date: Thu, 01 Apr 2004 16:59:19 -0500
References: <15566149.1080848985323.JavaMail.root@wamui06.slb.atl.earthlink.net>
In-Reply-To: <15566149.1080848985323.JavaMail.root@wamui06.slb.atl.earthlink.net>


Darrell Martin wrote:
>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).

This last was the case for my wife's grand aunt. In this case:
1. No will was found (since none had been drawn).
2. She had no estate (all had been disposed of when she lived
with her son).
3. There was no probate since there was no estate.

Thus as Darrell says above, she died neither testate nor intestate.


Lee Hoffman/KY
TMG Tips: <http://www.tmgtips.com>;
My website: <http://www.tmgtips.com/lhoffman>;
A user of the best genealogy program, The Master Genealogist (TMG)

This thread: