Legal Definitions - testacy

Definition: Testacy refers to the condition of leaving a valid will. It is compared to intestacy, in which someone dies without a valid will and their estate passes under state laws of descent and distribution.

For example, if John dies with a valid will, he is said to have died testate. His will outlines how his property will be distributed after his death. However, if John dies without a valid will, he is said to have died intestate. In this case, state laws will determine how his property will be distributed.

Dying testate does not allow the beneficiaries to avoid probate court, but it does allow the executor of the will to present the will in probate court. A formal testacy proceeding is conducted to establish a will or determine intestacy.

Testacy laws are different for each state and determine several different legal issues associated with wills. They cover issues like:

• Whether a will is actually valid
• Clarifying the directions contained in the will, including how and to whom the property will be distributed

Overall, testacy refers to the act of leaving a valid will, which allows for the deceased's wishes to be carried out and for their property to be distributed according to their wishes.