The Difference Between Testate and Intestate Probate

Many people who come to my office for consultations are confused about the terms testate and intestate probate…

If you are unsure of these terms, read on as I make the differences clear.

Valid Will: Testate

Very simply, when someone dies and they leave a valid Last Will and Testament which is submitted to the probate court, the estate is referred to as “testate.” To be considered valid, the will has to meet specific legal requirements. One of these is at the will be signed by the person creating the will (the testator). It must also be witnessed by two individuals who are not assigned roles within nor beneficiaries of the will.

The will is the legal tool that guides the distribution of assets. “Testate succession” then comes into play. This means that the deceased’s assets are distributed consistent with the will which has named an executor. The executor is responsible for carrying out the deceased’s instructions, such as locating the beneficiaries, as well as collecting and distributing the assets that were in the deceased’s individual name at time of passing.

No Will: Intestate Probate

On the other hand, when someone dies with assets in their individual name and they have no Will, the estate is considered “intestate.” In this case, state law where the deceased person resided decides the distribution of assets. State laws specify what relatives of the deceased are entitled to inherit the assets and the amounts. The distribution is based on the order of priority, think of it as though the probate court looks at a family tree to see where the closest relatives are and starts there for distribution Any control over distribution of assets is out of any heirs’ hands when the estate is intestate. In addition, intestate succession leads to probate which incurs legal fees and can take long periods of time to finalize.

In conclusion, Testate estates prevent disputes among family members over the assets.

Everything is spelled out and is legally binding to ensure the orderly distribution of assets. While not everyone may agree with the distribution, it is the wish of the testator, so there is no room for disputes. Intestate estates, on the other hand, are typically filled with fighting among close relatives who have competing claims to assets. These cases could be in court for years until they are finally settled.

You May Not Be Wealthy But You Can Be Wise

Once upon a time Wills and estate plan were typically tools for the wealthiest among us. Not so anymore. Estate planning is for everyone above the age of 18. If you own a home, if you have a car, if you have digital assets, artwork, a boat, jewelry, a 401k, IRA, or any possessions that your loved ones’ value, if you have possessions you want to pass on to your children, you need to create an estate plan that will specify how you want your assets distributed and so much more. You want to ensure testate succession. Give my office a call today at (470) 235-7868 and lets make sure your estate is testate.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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21:58 07 Feb 24

Shannon and her team were great. Went in for a consultation and got my money worth. She explained and made sure we understood. I will be using them in the future.

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We had excellent service from Shannon and her team, they are true professionals and helped us and explained every step in the process. We highly recommend The Estate and Asset Protection Law Firm.

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Stephanie Deal

15:22 07 Jul 23

My father and I recently used the estate, an asset protection, law, firm for new wheels, new, power of attorney’s, and a creation of a trust. Brooke and her entire team could not have been more helpful and more professional! We loved working with them, and they took everything seriously therefore I didn’t have to worry about a thing. I highly recommend everyone at the law firm.

Barry Amos

01:22 01 Jul 23

Great firm. Had answers to all our questions and explained everything clearly. Never felt rushed to make a decision Could not ask for a better experience. Every one we dealt with was professional and knowledgeable. We highly recommend this firm for estate planning.

Lee Jay

21:30 28 Jun 23

Shannon provided invaluable information regarding a family estate matter. Although her firm did not quite fit our immediate needs, the consultation was informative and extremely HELPFUL! Shannon clearly explained what our next steps should be and offered to assist if we had any questions along the way. Her expertise and willingness to help puts her in a league of her own!

Alice Guppy

02:01 23 Jan 23

Shannon and everyone at The Estate and Asset Protection Law Firm are professional, very knowledgeable, and a pleasure to work with. They answered all our questions in great detail and the plan they developed for us is exactly what we need to protect our assets and estate as we age especially with my husband's health issues.

Lynn McKibbin-Moore

23:09 24 Feb 22

My husband has dementia. This firm has been patient, kind and professional while we went through a move from a house of 37 years in to a condo to be closer to my daughter and her husband. (Miami to Atlanta). There was also a wedding. All in 6 months.We now have a trust, power of attorney. Wills for my daughter and her husband and more. All at a fair price. I could not recommend higher.

Tammy Lee

22:03 29 Jan 22

Shannon Pawley and her team are exceptional at helping families navigate tough situations. We began working with her upon finding out my father had Stage 4 kidney cancer. His decline was more rapid than expected.Attorney Pawley and her entire team expedited paperwork that allowed me to focus on my father’s care, make decisions that suddenly needed to be made for him medically and financially, and has allowed me the ability to focus more on grieving and less on legal matters upon his passing.It is obvious she is knowledgeable about the best ways to navigate estates to protect the assets for the owners and their loved ones. It is just as obvious that she is passionate and has true heart for what her clients go through.We will be using her for own estate needs, and I recommend her expertise to everybody I can.This service is worth every penny we paid as it has saved us more money and time than I could imagine.

H Jessie Brewer

18:26 18 Nov 21

Attorney Shannon Pawley and paralegal Alexis McCoy are legal professionals that my wife and I highly recommend. Their grasp of the Georgia law pertaining to Medicaid assistance and the interworking's of the State department is exceptional. Additionally, their client-attorney relationship skills are excellent. We wouldn't hesitate to use this law firm again should the need arise.

Dawn Hardy

15:06 13 Nov 21

Shannon and her team are the best! They listened to my needs and provided the best advice. They are patient and professional as well as personable, they didn't make me feel like I was just another client. Highly recommend!