When a person passes away, their estate must be settled through a legal process known as probate. But the process can vary significantly depending on whether the person died testate (with a valid will) or intestate (without a will). Understanding the difference is essential for heirs, personal representatives, and anyone involved in estate planning.
What Does “Testate” Mean?
A person is said to have died testate if they left behind a valid will. The will names:
- Beneficiaries
- A personal representative
- Guardians for minor children (if applicable)
In testate probate, the court’s job is to ensure the will is valid and carried out according to the deceased’s wishes.
Key Features of Testate Probate:
- The will directs how assets are distributed
- The named personal representative is usually appointed by the court
- The process is generally smoother if the will is clear and uncontested
What Does “Intestate” Mean?
When someone dies intestate, they leave no valid will. In that case, the state’s laws of intestate succession determine who inherits the estate. In Florida, this generally means:
- The surviving spouse and children inherit first
- If no spouse or children, then parents, siblings, or more distant relatives
Key Features of Intestate Probate:
- The court appoints a personal representative (often a close relative)
- The distribution of assets is based on Florida statutes, not personal wishes
- Can result in unintended heirs receiving property
Why This Matters for Estate Planning
Having a valid will simplifies the probate process and gives you control over:
- Who inherits your property
- Who manages your estate
- Who takes care of your children
Without a will, you leave these important decisions up to the state—and that may not reflect your wishes.
Key Takeaways
Whether probate is testate or intestate makes a big difference in how an estate is handled. The best way to ensure your wishes are followed—and to make things easier on your loved ones—is to create a valid, well-drafted will.
Working with an estate planning attorney ensures your documents are legally sound and tailored to your goals. Don’t leave it to chance—plan today for peace of mind tomorrow.
