© 2016 by Phillip Silver Mathura Inc. 

INTESTACY: when the deceased passed away without a last will and testament.  This is known as dying intestate.

TESTACY: when the deceased passed away with a last will and testament. 

This is known as dying testate.

​Differences:

INTESTATE

 

No valid Will

N/A

 

“Intestate” Deceased, having an “Intestate” Estate (without a Will)

 

Application by heirs to nominate

a person to act as Executor

“Administrator” of the Estate

Distributees are “Heirs” or

“Heirs-at-Law”

 

Distributees are determined by State statute

Heirs receive shares of the Estate

TESTATE

Died with a valid Will

Will was signed by the Testator (person who made the Will)

 

“Testate” Deceased with a “Testate” Estate (with a Will)

Application to appoint Executor in terms of a Will

“Executor” of Will

 

Distributees (a person entitled to take or share in the property of a decedent) are called “Beneficiaries”

 

Distributees are named in the Will

 

Beneficiaries receive whole items

Heirs receive shares of the Estate

TIP...

Be sure to periodically consult with your attorney to make sure that your will is complete, current, and has been properly signed and witnessed. By doing so you will increase the likelihood of your will status being testate.