What is the difference between intestate and testate succession?

The difference between intestate and testate succession is that intestate succession occurs when a person dies without leaving a valid will, while testate succession occurs when a person dies with a valid will. In Delaware, intestate succession is governed by Delaware state law. In the case of intestacy, the laws of Delaware determine who is entitled to the deceased person’s property, who will be the administrator or executor of the estate, and what rights the heirs have in the estate. The rules of intestate succession in Delaware are based on a system of “intestate shares”, which is a set of rules that determines how much each heir is entitled to if the deceased did not leave a will. Generally, in Delaware, a deceased’s assets must first to be used to pay any debts and then are distributed in the following order of priority: (1) the surviving spouse; (2) the surviving children; (3) the surviving parents; (4) the surviving grand-children; and (5) the surviving siblings. On the other hand, when the deceased left a valid will, testate succession applies. In this case, the will is the document that determines who gets what portion of the deceased’s assets. In Delaware, a valid will must be signed by two witnesses and attested in the presence of the testator. The will must also be in writing and contain a clear and unambiguous intent to dispose of the testator’s assets. In testate succession, the will is the controlling document and the court will honor the wishes of the deceased as expressed in the will.

Related FAQs

Is the surviving spouse always the first to inherit from an intestate estate?
Can a surviving spouse claim an intestate estate against the wishes of other heirs?
How long does an intestate succession take?
Are there any laws that protect surviving spouses in intestate succession?
What happens if someone dies without a will?
Are there tax consequences for inheriting from an intestate estate?
Is there a limit on how much an intestate succession can be worth?
How do state laws of intestacy apply to domestic partners?
What are the laws governing intestate succession in each state?
What happens to debts in an intestate estate?

What is the difference between intestate and testate succession?

Related FAQs

Related Blog Posts