Testate

Testate is a legal term describing a person who dies having left a valid will that directs the distribution of their estate. The person who creates the will is known as the testator; after death, the estate is administered by an executor named in the will. The opposite condition is intestate, where the deceased dies without a valid will and their property is distributed according to statutory rules.

Etymology and usage: The word testate derives from Latin testamentum, with testatus meaning having declared or witnessed. In common law and civil law contexts, the phrase died testate is used to indicate the presence of a testamentary disposition.

Process and consequences: When a person dies testate, the will typically undergoes probate in a court to prove its validity. Probate authorizes the executor to gather assets, pay debts and taxes, and distribute the remaining property according to the will. Wills can be challenged on grounds such as lack of testamentary capacity, undue influence, fraud, or failure to meet formal execution requirements. Wills may be amended through codicils or revoked entirely by the testator before death.

Jurisdictional variation: Requirements for a valid will—such as capacity, witnessing, and notarization—and the procedures for probate vary by jurisdiction. Some assets may pass outside the will through joint ownership, trusts, or beneficiary designations, reducing the need for probate.

Impact on succession planning: Being testate enables a person to specify beneficiaries, allocate specific bequests, designate guardianship for dependents, and plan the overall distribution of assets, subject to legal constraints and potential challenges.