Testate vs. Intestate Probate

If someone has a Will when they die, they are considered testate. You may see terms such as testator (male), or testatrix (female). These refer to the person who left the Will.

Intestate on the other hand, means that someone has died without a Will. When this happens, their assets follow an established set of laws. These laws generally specify that the estate’s assets are distributed to the surviving spouse, if any, then to children, then if there are no children, to a decedent’s parents. However, certain complications such as children out of wedlock, children from a previous marriage, or other family arrangements may change this calculation.

Both Testate and Intestate Estates are subject to Probate and should be handled with an Attorney. Disputes frequently arise along the way that will require legal advice.