The Difference Between Dying Testate Vs. Intestate
If you have lost a family member, the probate process will differ significantly depending upon whether or not he or she died with a will.
When there is a will, it is called a testate succession. In a testate succession, the decedent’s property is distributed in accordance with the directions laid out in the will. A will typically names an executor who will supervise matters such as receiving claims against the estate, collecting and paying debts, and distributing assets to beneficiaries.
When there is no will, it is an intestate succession. In an intestate succession, assets are distributed in accordance with California’s intestate law. A court will appoint an estate administrator, whose role is similar to that of the executor.
Establishing a will can spare your loved ones the uncertainty inherent in an intestate succession.
Plan For The Future
Creating wills and other estate planning documents today can ensure that your wishes are carried out and your wealth and assets are distributed in accordance with your wishes and not in accordance with the impersonal plan created by the state.
If you need legal representation for a testate or intestate succession, The Law Office of Stuart A. McKenzie is here to protect your rights and interests. I have more than 35 years of experience handling probate and estate administration matters for clients in Huntington Beach and throughout Southern California.