What is the difference between intestate and testate succession?

The difference between intestate and testate succession is that in intestate succession, the law determines how the estate is divided because the deceased did not create a will. In Minnesota, if the decedent’s will is not properly filed with the court, heirs to the estate will receive the assets according to intestate succession laws. Under these laws, assets are divided according to the relationship of the heirs to the decedent. For instance, the decedent’s spouse, children, grandchildren, and parents are likely to be the first in line to receive any assets. Assets are distributed in an equal fashion or according to any stipulations in the decedent’s will, if one exists. Testate succession, on the other hand, occurs when the deceased has left a will that is legally valid. This will contains specific instructions about how the assets of the estate are to be distributed. Depending on the terms of the will, assets may be distributed among family members, friends, charities, and other individuals. The court must still approve the will before the assets can be distributed. In summary, intestate succession is the process that takes place when a person dies without creating a will, and testate succession is the process that takes place when a person has created a legally valid will.

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What is the difference between intestate and testate succession?

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