What is the relationship between intestacy law and probate estate?

Intestacy law and probate estate are closely connected, with intestacy laws specifically applying to the distribution of a deceased person's assets when there is no valid will in place. When someone dies intestate (without a will), the probate court will need to oversee the distribution of the deceased’s probate estate according to the state's intestacy statutes. This means that intestacy laws come into play exclusively in the context of probate estates, as they dictate how the assets in this estate will be managed and distributed among heirs.

In Delaware, like many states, the probate process is where a person’s assets and liabilities are formally recognized and settled, making it essential to understand the interplay between intestacy law and the probate estate for proper legal handling of a deceased person's affairs. Therefore, the statement that intestacy law only applies to probate estates accurately reflects this legal relationship.