What does "testate" mean?

The term "testate" refers to an individual who has died with a valid will in place. This means that the deceased person's wishes regarding the distribution of their estate have been formally documented, and those wishes will guide how their assets are to be managed and distributed after their death. When someone is testate, their estate will typically go through probate, which is the legal process of validating the will and ensuring that the deceased’s instructions are carried out as intended.

This understanding is crucial because it distinguishes between testate and intestate situations. In contrast, someone who dies "intestate" does not have a valid will, and their estate will be distributed according to statutory laws rather than their personal wishes, which can lead to outcomes that may not reflect the deceased's preferences. Familiarity with these terms is essential for navigating the complexities of estate planning and administration, ensuring that the intentions of the deceased are honored in the legal process.