testate succession

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Testate succession refers to how property will be distributed in a will. This is in contrast to intestate succession where laws determine how the property will be allocated to relatives. Individuals have almost free control over how to dispose of their property in a will that can be completely different from how intestate laws would. If a person leaves a will, a probate court will attempt to distribute the property according to the will after the person’s death (testate succession).

[Last updated in October of 2021 by the Wex Definitions Team]