What you need to know
"Testate" simply means someone died with a valid will in place. "Intestate" means they didn't — whether because no will existed, the one that did exist was never valid, or a court has since thrown it out. The label decides who gets to run the estate and who's legally entitled to what's left.
What it means to die testate
Dying testate means leaving behind a will that satisfies the state's requirements for validity — generally signed by the testator while of sound mind, and witnessed by two people who aren't named as beneficiaries. That document does two things a family can't do on its own: it names an executor, the person legally authorized to run the estate, and it directs exactly who inherits what, down to specific dollar amounts, specific heirlooms, or unequal shares among children if that's what the testator wanted. A will can also direct gifts a court would otherwise have no ability to honor — a bequest to a close friend, a donation to a charity, an unequal split that reflects who actually provided care in the final years. None of that is possible without one.
What it means to die intestate
Dying intestate means no valid will exists — because none was ever written, the only copy can't be located after death, or a court has since invalidated it for forgery, incapacity, or a defect in how it was signed and witnessed. Once that happens, the deceased's wishes stop mattering legally. State intestate succession statutes take over completely, applying a fixed formula that has nothing to do with who was actually close to the deceased: a surviving spouse typically inherits everything, or a defined share, if all children are shared with that spouse. If some children are from outside the marriage, the spouse's share usually shrinks and the remainder splits among the children. With no surviving spouse or children, the estate generally passes to parents, then siblings, then increasingly distant relatives in an order set entirely by statute. If no heir can be located at all, the estate escheats — reverts to the state itself.
Who runs the estate, and why it matters
The practical difference shows up immediately in who's in charge. A testate estate has an executor the deceased chose and trusted enough to name in writing — courts honor that choice unless there's a specific legal problem with it. An intestate estate has no one named, so the court appoints an administrator instead, working down a statutory list that usually starts with the surviving spouse, then adult children, then more distant relatives who petition for the role. That person may be someone the deceased would never have chosen, simply because the law had to pick someone.
Worth knowing
The details about testate vs. intestate that catch people off guard.
Worth knowing
A will doesn't have to cover everything. If it only addresses some assets, or a named beneficiary has since died with no backup, that leftover portion can still pass by intestate succession even though a will exists.
Worth knowing
"No spouse, no kids" catches people off guard — without a will, the estate can end up split among siblings, nieces, and nephews the deceased barely knew, because state law doesn't ask who was actually close to the person.
Worth knowing
Unmarried partners inherit nothing automatically under intestacy, no matter how long the relationship, unless the state specifically recognizes it.
Worth knowing
If a later will gets thrown out by a court, an earlier valid one can sometimes step in instead of the estate falling into full intestacy — it depends on state law and what that invalidated will actually said.
Common questions
Not necessarily — some states recognize entirely handwritten "holographic" wills even without witnesses, while others reject them outright. It depends entirely on the state.
Often, yes, if every heir with a legal claim agrees in writing — but the default shares still apply unless everyone signs off.
No. A will directs how probate distributes the estate; it doesn't avoid probate itself. Only assets that pass outside probate entirely — jointly held property, accounts with a named beneficiary — skip the process, will or not.
Related guides
Other distinctions worth understanding before an estate moves through probate.
General information as of 2026-09-17, not legal advice for a specific estate. Rules and dollar thresholds vary by state and change over time — confirm current figures before relying on any of them.