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:
TESTATE
OR INTESTATE
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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.