Intestate vs. Testate: Deciphering Your Probate Requirements

by | Jun 7, 2023

Intestate: Occurs when someone passes away without a Will.

Testate: Occurs when someone passes away with a Will.

Determining the Probate Path: Intestate or Testate?

Whether you pass away with or without a will can influence the type of probate required. Two main categories are informal probate and formal probate. Informal probate is typically suitable when there is a Will, and no disputes arise. Formal probate may be necessary in the absence of a Will or when someone contests it.

There are specific prerequisites to consider. For instance, the court requires the original Will for filing. If only a copy is available, the court treats the probate differently, and may rely on the intestacy statute to designate heirs.

Seeking guidance from an attorney is crucial to understanding the appropriate probate type. Book a meeting to explore how our seasoned attorneys can assist you in navigating the probate process!