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What is the difference between testate and intestate?

a) Testate refers to a will that is valid, while intestate refers to a will that is invalid.
b) Testate refers to a person who has drafted a will, while intestate refers to a person who has not drafted a will.
c) Testate and intestate both refer to the same legal concept.
d) Testate refers to a person who has died, while intestate refers to a person who is alive.

User Swenedo
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1 Answer

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Final answer:

The key difference between testate and intestate is that testate refers to a situation where a deceased person left a will, while intestate refers to a scenario where the deceased did not leave a valid will, leading to the distribution of assets according to state laws.

Step-by-step explanation:

The difference between testate and intestate relates to the presence or absence of a will when a person passes away. Testate refers to a person who has drafted a will before their death, expressing their wishes on how their assets should be distributed.

On the other hand, intestate refers to a person who has not made a will, and as such, the distribution of their assets will be governed by state intestacy laws, which dictate the hierarchical order of beneficiaries, such as spouses, children, parents, siblings, etc.

A will is a written document that serves as a declaration of an individual's intentions for the transfer of their assets after death. It can range from a formal legal document to a simple handwritten note. However, since wills can be challenged, their validity might require confirmation in a court proceeding, which is a public process. During this process, information about the decedent's assets and designated beneficiaries is disclosed.

User Susam Pal
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