Testate vs. Intestate
A testate estate occurs when a deceased person leaves a will dictating property distribution. An intestate estate happens when there’s no will, leading to property distribution by the probate court according to statutory priorities.
The terms “testate” and “intestate” refer to legal conditions related to wills and the distribution of a deceased person’s estate:
Testate: This term is used when a person dies having made a valid will. A will is a legal document in which a person specifies how their property and assets are to be distributed after their death. When someone dies testate, their estate is distributed according to the instructions laid out in their will. The person named in the will to manage the estate, known as the executor, is responsible for carrying out these instructions.
Intestate: This term applies when a person dies without having made a valid will. In such cases, there is no document specifying how the deceased’s estate should be distributed. Therefore, the distribution of the estate is carried out according to the intestacy laws of the state or country where the person lived or where the property is located. These laws typically prioritize close relatives such as spouses, children, and parents.
The main difference between dying testate and intestate lies in the control over the distribution of the estate. With a valid will (testate), the deceased has control over who receives their property and in what proportions. Without a will (intestate), the state’s laws determine these factors, which may not align with the deceased’s wishes or intentions.
Trust & Probate Litigation Lawyers
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Trustee Topics
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- Can a Trustee remove a Beneficiary from a trust
- Settling a Trust After Death
- Being a Trustee of a Trust
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