What is the term for the process through which an individual dies without a valid will?

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Prepare for the Champions Law of Contracts Exam with study materials including flashcards and multiple choice questions. Each question provides hints and explanations. Ace your exam!

The term used to describe the situation when an individual passes away without a valid will is "intestate." When someone dies intestate, their estate is distributed according to the laws of intestacy, which can vary by jurisdiction. These laws typically determine how the deceased's assets are allocated among surviving family members, often prioritizing spouses, children, and other relatives. This process is guided by statutory provisions designed to reflect the presumed intent of the deceased regarding how they would have wished to have their property distributed.

In contrast, the term "testate" refers to individuals who die with a valid will, meaning they have made specific arrangements for the distribution of their assets after death. "Probate" is the legal process through which a deceased person’s will is validated and their estate administered, which does not apply if there is no will. Lastly, "succession" generally describes the process by which property is transferred upon death, which can occur either through intestacy or in accordance with a will. Thus, "intestate" is the most accurate term for someone who dies without a valid will.

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