Testate Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Testate, written in plain English, along with examples of how it is used.

What is Testate?

History and Meaning of Testate

Testate is a term used in probate law to describe the situation where a person dies after making a valid will. This means that the deceased individual had taken the proper legal steps to create a will, which outlines their wishes for the distribution of their estate following their death. If the will meets certain legal requirements, it is considered valid and the deceased person is said to have died "testate".

Examples of Testate

• John passed away last week, and it has been discovered that he made a valid will two years ago. Therefore, he died testate and his estate will be distributed according to his wishes as outlined in the will.
• Mary died suddenly without having created a will. In this case, she died intestate, and her estate will be distributed according to the laws of the state where she lived.
• Rachel made a will a few years ago, but it was later discovered that the will did not meet certain legal requirements. As a result, she will be considered to have died intestate.

Legal Terms Similar to Testate

• Intestate: This term is used when the deceased individual did not make a valid will before their death, and their estate will be distributed according to the laws of the state where they lived.
• Executor: This is the person named in a will who is responsible for overseeing the distribution of the deceased person's estate.
• Beneficiary: A person or organization named in a will who is entitled to receive a portion of the deceased person's estate.
• Probate: The legal process of distributing a deceased person's estate, including determining whether their will is valid and overseeing the distribution of assets to beneficiaries.