What is the difference between intestate and testate succession?
Intestate succession is the process of distributing an individual’s assets after death when that individual did not have a will or other document outlining their wishes. In North Carolina, if an individual dies without a will, the estate is settled by the intestate laws of the state. This means that the state makes the decisions for how to distribute the assets. Depending on the size of the estate, the process may be overseen by the court. Testate succession is the process of distributing an individual’s assets after death when that individual has created a will that outlines their wishes. This is sometimes referred to as a “last will and testament.” In North Carolina, the court will review the document and then honor the wishes of the deceased as outlined in the will. Any assets not outlined in the will are then divided according to the intestate succession laws of the state. Intestate succession is simpler, but testate succession is the best way to ensure that an individual’s wishes are honored. In order for a will to be valid it must meet certain legal requirements, which can vary by state. It is important to make sure that all wills in North Carolina meet the requirements outlined by the state.
Related FAQs
What is an inheritance tax waiver?What is the difference between a revokeable and irrevocable trust?
How can I protect my assets from taxes?
What is the value of an estate?
Can I disinherit someone in my will?
How do I change or revoke a living will?
What is the difference between a trust and a will?
What is an inheritance trust?
What if I want to challenge the validity of a will?
How do I ensure my will is legally valid?
Related Blog Posts
Understanding Wills and Probate Law: The Basics - July 31, 2023The Benefits of Establishing a Will: An Overview - August 7, 2023
Creating a Trust to Maximize Estate Planning Benefits - August 14, 2023
How Executors Handle Probate: A Step-by-Step Guide - August 21, 2023
The Difference between Wills and Living Trusts - August 28, 2023