property
testate
Testate describes a person who dies having left a valid will. The person who makes the will is called the testator. Property of a testate decedent passes according to the will, typically through probate, with real property transferred by devise to named devisees. If there is no valid will, the person dies intestate and property passes under the state's laws of descent and distribution.
- Exam tip
- Pair the opposites: testate means with a will, intestate means without one. A gift of real property by will is a devise; personal property is a bequest.
- Example
- A widow dies with a will leaving her house to her nephew. She died testate, and the executor transfers the house after probate.
Related terms & state variants
Sources
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Last verified: 2026-10-23