testacy

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 . Dying testate does not allow the beneficiaries to avoid probate court , but 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.

Compare: intestacy

[Last reviewed in April of 2025 by the Wex Definitions Team ]

Wex