Testate vs. Intestate Probate
If someone has a Will when they die, they are considered testate. You may
see terms such as testator (male), or testatrix (female). These refer
to the person who left the Will.
Intestate on the other hand, means that someone has died without a Will.
When this happens, their assets follow an established set of laws. These
laws generally specify that the estate's assets are distributed to
the surviving spouse, if any, then to children, then if there are no children,
to a decedent's parents. However, certain complications such as children
out of wedlock, children from a previous marriage, or other family arrangements
may change this calculation.
Both Testate and Intestate Estates are subject to Probate and should be
handled with an Attorney. Disputes frequently arise along the way that
will require legal advice.
If you would like to contact Owens and Perkins regarding Probate services,