What is the difference between intestate and testate succession?
The difference between intestate and testate succession lies in whether a person has created a will. When a person dies without having created a will, this is referred to as intestate succession, and the state laws of Florida will decide how the deceased’s property will be distributed to the heirs at law. On the other hand, when a person has created a will, it is known as a testate succession and the decedent’s wishes are followed when distributing their property. In the case of intestate succession, Florida law dictates that the deceased’s property will be distributed in predetermined shares according to the decedent’s closest relatives. This means that a spouse, children, and/or parents will be the first to receive the assets, and any remaining property may be divided among more distant relatives. When it comes to testate succession, the wishes listed in the will take precedence, provided that the will is valid and has been created in accordance with the law. Testate succession can also save time and money because the court does not have to decide how the assets should be distributed, as it does when following an intestate succession. Additionally, testate succession can provide more control over the distribution of assets because the decedent can name specific beneficiaries. This allows the testator to ensure that their property goes to the people they intended to receive it.
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