Intestate

Without making a will. A person is said to die intestate when he dies without making a will or dies without leaving anything to testify what his wishes were with respect to the disposal of his property after his death. The word is also often used to signify the person himself. Thus, in speaking of the property of a person who died intestate, it is common to say "the intestate's property;" i. e., the property of the person dying in an intestate condition. Brown. See In re Cameron's Estate, 47 App. Div. 120, 62 N. Y. Supp. 187; Messmann v. Egenberger, 46 App. Div. 46, 61 N. Y. Supp. 556; Code Civ. Proc. N. Y. 1889, § 2514, subd. 1. Besides the strict meaning of the word as above given, there is also a sense in which intestacy may be partial; that is, where a man leaves a will which does not dispose of his whole estate, he is said to "die intestate" as to the property so omitted.

— Intestate snccession. A succession is called "intestate" when the deceased has left no will, or when his will has been revoked or annulled as irregular. Therefore the heirs to whom a succession has fallen by the effects of law only are called "heirs ob intestato." Civ. Code In. art. 1096.