Meaning of Abintestato - What it is, Definition and Concept

Abintestato is a legal word derived from the Latin ab intestato , which means "no testament".Abintestato is a term of inheritance law, which is related to the adjudication of property of a deceased person who did not leave a will .It is a judicial process applied to cases in which after the death the inheritance is awarded to the closest relatives since there is no will or this is null.

The abintestate originates in Rome, in the Law of the XII Tables.The V table says: « If moritur intestato, tui suus heres nec escit, agnatus proximus familiam habeto, if agnatus nec escit, gentile familiam habeto .»In other words, if a father dies without his own heirs, the family takes a relative agnastic (agnation is a type of legal kinship, where parental authority is created by a legal act ), even if he did not have blood ties, as for example, a male child born of mis mo father in another family.

They are abstastate heirs those who succeed the deceased person who has not left a will , and who are called ex officio by law to receive the inheritance of those who died intestate (untested).

In these cases the succession, which is called legitimate (by law) or intestate, is what determines the persons who have the right to inherit the one who has died without having established who will be the beneficiaries of their inheritance.

The legitimate succession, that is the one established by law , takes place in the following cases:

• Due to death of a person who does not leave a will , or whose will is null or void.


• Due to inability to receive the inheritance of the instituted heir.


• By death of the heir before the testator or repudiation of the inheritance (without having a substitute).


• For breach of the condition imposed by the testator on the condition of heir (for example, before accessing the inheritance, perform a certain thing).

When testamentary heirs are missing, the law provides for inheritance in favor of the relatives of the deceased, the widower or the widow, and the State.