Testate Verses Intestate Probate

Testate and intestate probate are two forms that probate can take. Which one you use will have a bearing on how the probate plays out. In this article, we will compare testate verses intestate probate.

Testate Probate

If an estate has a testate probate that means someone died with a will. Their estate assets will be distributed to the beneficiaries laid out in the will. In Arizona, for a will to qualify for an informal probate, it must be signed by two witnesses. You submit the will to the court so they can examine its validity. Once they find the will to be valid, they will approve the personal representative to transact business on behalf of the estate. The personal representative must pay off the debts first and then the remaining assets will be distributed according to the will’s instructions.

Intestate Probate

An intestate probate occurs when someone passes without a will. In this case, their assets will be divided according to the state’s laws of intestate succession. In Arizona, this would mean their assets would first go to their spouse, then children, then parents, and then siblings. To be able to probate an intestate estate you will need to prove to the court you have the authority to do so. Authority follows the same pattern as intestate succession. The court will approve the personal representative to transact business on behalf of the estate.

Starting a Probate

Whether you are probating a testate verses intestate probate, you will need to complete filings with the court. You can try to do this yourself or hire a company to complete the documents for you.

Questions? Want to schedule an appointment? Contact us by clicking here.