Testacy

If a person dies with a valid will they are said to have died testate versus intestate, which is dying without a will and allowing for the distribution of the estate through the laws of intestate succession.

Why do I need a will?

Creating a will ensures you will have the ability to determine who should inherit your property as well as how it will be distributed. A will can be created at any time prior to death.

There are several requirements which must be met to create a valid will. For instance, to create a will a testator must be at least 18 years or older, be of sound mind, and be able to act on their own free will. The will must be written, signed, dated, and witnessed by at least two witnesses. The will must also have been executed free of fraud,
duress, undue influence or mistake.

Testate vs. Intestate

If at the time of death there is no valid will the decedent is said to have died intestate, allowing for the state to determine the distribution of the estate. State laws for distribution vary, and the legal system within the state will determine distribution rather than the decedent or their heirs.

For instance, if you had a painting worth $20,000 and you wanted to give this to a life-long friend this could be done through a will. If you die intestate, however, the laws of the state will dictate that the painting would first be given to your spouse, if you have one. If you do not have a spouse but you have children, they would be the next in line to receive the property. If no children exist the state's laws would determine who could inherit the painting. But clearly, unless you make your wishes known to your spouse and they are feeling generous, it is unlikely that your friend will get the painting if you die intestate.