Legal Terminology: LPI Word of the Month

Testate and Intestate

Whether you work in the area of probate and estate law, a little bit of understanding is helpful in our personal lives.  You’ve probably heard the terms “testate” and “intestate.”

The term intestate refers to an individual dying without a legal will.  This can be the case of an individual simply not making a will, or if the will is found to be invalid for some reason.  In that case, a person’s assets will be distributed according to the laws of the state, and a probate court will determine the distribution of the property.

A testate estate means that the deceased person left a will which disposes of the property.  Testate succession refers to how the property will be distributed according to that will.

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