Intestate and testate might sound like complicated legal words, but they are more straightforward than they appear. Testate means someone with a Last Will and Testament in place when they pass, whereas intestate means someone who passes away without a legal Will.
If you’ve found yourself handling a loved one’s estate or you want to prepare your estate for the future, this article can help. You’ll learn more about intestate vs. testate and the Pennsylvania laws regarding them.
Intestate vs. Testate: The Importance of a Legal Will
One of the most significant differences between intestate and testate is whether there’s a valid Will. A Will is a legal document that contains instructions on how to distribute the estate’s assets after the owner’s passing. Unfortunately, someone can have an invalid Will. This occurs if it’s missing information, contains errors, lacks witnesses during the signing, or other factors.
Many specific aspects of a Will need to be accurate to ensure a legal document. Working with an estate planning attorney can help to guarantee a legal document in court.
Learn more about Pennsylvania’s Last Will and Testament requirements.
What To Know About an Estate Without a Will (Intestate)
When a person passes without a Will (or intestate), their estate and possessions will go through a Probate process. Probate is a court-supervised proceeding where the courts handle all the decisions regarding the distribution of the deceased’s assets.
Some of these decisions include:
- Naming an Executor
- Assessing the value of all assets
- Paying any taxes or debts on the estate
- Distributing the possessions to the beneficiaries
There are a set of laws in the Commonwealth of Pennsylvania to protect the deceased’s money and assets by explaining how to distribute property without a Will. This law is called Intestate Succession (found at 20 Pa.C.S.A. § 2101 et seq.). It thoroughly explains how the courts can select the estate heirs based on their relationship to the deceased. Learn more about how the courts determine an heir and what they would receive here.
Additionally, read more about what to expect during the Probate process in PA or contact a Probate lawyer about your specific situation.
What To Know About an Estate with a Will (Testate)
The good news is if there’s a valid Will in place after the person passes (or testate), then Probate is a smoother process. There are several steps to follow, including:
- Someone petitioning the courts for Probate
- The courts authenticating the Will
- The courts notify the Will’s Executor of their responsibilities, which includes:
- Assessing the asset’s total value
- Notifying all heirs and beneficiaries
- Advertising the deceased’s passing with a “Notice of Administration” to all creditors to file their claim against the estate
- Paying any outstanding taxes or debts
- Preparing a final accounting statement for the courts
- Distributing all remaining assets
Although Probate is more straightforward with a Will, it’s still a lengthy process. The more plans in place before someone passes, the simpler the process will be for the Executor. Working with a Pennsylvania estate planning attorney can help ensure the necessary plans are in place to make Probate easier.
Learn More About Intestate vs. Testate with an Estate Planning Attorney
While the terms intestate and testate are simple to explain, the laws and situations surrounding them can quickly become complex. To help learn more about those circumstances, talking with an estate planning attorney can help.
At Auld Brothers Law Group, we help Pennsylvania residents with estate planning and probate situations. Our team is familiar with Pennsylvania’s Probate laws and can answer your questions to help you make the best choices for your situation. Contact us for a free 30-minute consultation today.