What is meant by the term “intestate” and how does it differ from the term “testate”?
The term “intestate” means that a person, usually called the “decedent”, died without having first executed a will. If a person dies without a will, then the Legislature of all states has drafted statutes which describe how his property will be inherited. The statutes are referred to as the statutes of “descent and distribution” or “intestate succession”. If a decedent dies “testate” that means that the person, at a time he was mentally competent prior to death, executed a will which can be admitted to probate.
