Residuary Estate
Everything left in an estate after specific gifts, debts, taxes, and expenses — the "everything else." The will's residuary clause directs where it goes, catching forgotten assets, later-acquired property, and failed gifts.
What it means
The residuary clause is a will's safety net. Without one, property not specifically given away passes by intestacy even though a will exists (partial intestacy). Residuary gifts are usually expressed in percentages with backup takers, and they absorb gifts that lapse when a named beneficiary predeceases the testator.
Primary sources
Read more
- Dying Without a Will: Who Gets What in Your State (2026) — Die without a will and state intestacy law picks your heirs, a judge picks your kids' guardian, and unmarried partners get nothing. See exactly who inherits.