What are the differences between “testate” and “intestate”?
Intestacy: when the decedent[1] passed away without a last will and testament. This is known as dying intestate.
Testacy: when the decedent passed away with a last will and testament. This is known as dying testate.
If the Decedent dies testate with a valid will but those named to be the personal representative[2] are unable to serve in that capacity:
· A Petition for Probate of Will & Letters of Administration With Will Annexed is filed, and an Administrator With Will Annexed is appointed:
- The Personal Representative is an appointed “Administrator”
- The distributees are beneficiaries, who take under the will.
If the Decedent dies testate with a valid will naming a Personal Representative who is able to serve, but all decedent’s beneficiaries have died before the decedent:
· A Petition for Probate of Will & Letters Testamentary is filed, and an executor(trix)[3] is appointed
· The personal representative is a named “Executor(trix)”
· The distributees will be decedent’s heirs, who take according to state statute
Below is a chart with additional comparisons between Testate and Intestate:
|
Testate |
Intestate |
| Died with a valid Will | No valid Will |
| Will was signed by the Testator (person who made the Will) | — |
| “Testate” Decedent with a “Testate” Estate (with a Will) | “Intestate” Decedent, having an “Intestate” Estate (without a Will) |
| Petition for Probate of Will & Letters Testamentary | Petition for Letters of Administration |
| “Executor” of Will | “Administrator” of the Estate |
| Personal Representative was named in the Will | Personal Representative is appointed according to Priority List in State Statute |
| Distributees (a person entitled to take or share in the property of a decedent) are called “Beneficiaries” | Distributees are “Heirs” or “Heirs-at-Law” |
| Distributees are named in the Will | Distributees are determined by State statute |
| Beneficiaries receive whole items | Heirs receive shares of the Estate |
Sources
1. http://www.nolo.com/legal-encyclopedia/probate-faq-29135.html
2. http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/the_probate_process.html
3. http://estate.findlaw.com/wills/what-happens-if-i-die-without-a-will-.html
4. http://www.wa-probate.com/Instructions/Probate-FAQ.htm#Whats%20the%20probate%20process,%20simply%20&%20generally
5. http://statelaws.findlaw.com/washington-law/washington-probate-laws.html
6. http://www.nolo.com/legal-encyclopedia/washington-probate-an-overview.html
7. http://estate.findlaw.com/probate/the-probate-basics.html