Introduction

When a person passes away, the legal process of distributing their assets depends on whether they died testate or intestate. These terms define whether the deceased left behind a will, significantly influencing how their estate is managed and distributed. 

What is Testate?

Dying testate means the deceased left a valid will that outlines their wishes for the distribution of their assets. A will is a legal document specifying how the deceased's property should be allocated, who should be the executor of the estate, and who should be the guardian of any minor children. When a person dies testate, their estate is handled according to the terms of their will, following the probate process. It is the executor's responsibility to carry out the decedent's (also known as the testator's) instructions accurately and legally.

What is Intestate?

Dying intestate means the deceased did not leave a valid will. In this scenario, state laws of intestacy come into play to determine how the estate is distributed. These laws prioritize the closest relatives, such as spouses, children, grandchildren, parents, and siblings, and outline a hierarchy for inheritance. Without a will, the probate court appoints an administrator to manage the estate, which can lead to a more time-consuming and potentially contentious process. The administrator may also be required to post a surety bond. You can get a sense of how the New Jersey intestacy statute works by clicking here.

Key Differences

The primary difference between dying testate and intestate lies in the presence of a will. A testate estate is distributed according to the deceased's specific wishes as documented in their will. An intestate estate is distributed based on state laws, which may not align with the deceased's personal preferences.

Conclusion

Understanding the distinction between testate and intestate is crucial for effective estate planning. Creating a will ensures that your assets are distributed according to your wishes and can simplify the probate process for your loved ones. Conversely, dying intestate leaves the distribution of your estate up to state laws, which might not reflect your personal desires.