What Is the Difference Between Intestate and Testate?

Intestacy describes a person's estate where the decedent passed away without a last will and testament. This is known as dying intestate. Conversely, Testacy describes a person's estate where the decedent passed away with a last will and testament. This is known as dying testate.

Does intestate mean without a will?

What Is Intestate? Simply put being intestate means not having a will before you die. When this happens, the state takes responsibility for dividing up your assets among your descendants via a probate court. Each state has different laws regarding how a person's assets are divided.

What is the difference between testate succession and intestate succession?

In testate succession, the executor derives his authority from the will. ... Intestacy leads to intestate succession and the rules of intestacy are intended to determine the relatives of the deceased who are entitled to inherit his property.