What is the difference between intestate and testate succession?
Intestate succession and testate succession refer to the process of distributing a deceased person’s (decedent’s) property when they die. In Pennsylvania, both intestate and testate succession apply. Intestate succession is the process by which the decedent’s property is distributed if the deceased did not leave behind a will. In this case, the decedent’s property is divided according to Pennsylvania’s intestacy laws. Under these laws, certain family members are entitled to receive the decedent’s property. The exact laws and who receives the decedent’s property depends on the number of surviving family members. Testate succession is the process by which the decedent’s property is distributed when a will is left behind. The state’s probate court will review the will and ensure that it is valid and properly written. Then, the court will distribute the decedent’s property according to the instructions in the will. In some cases, it may be necessary for the court to appoint an executor to carry out the wishes of the deceased. In summary, the difference between intestate and testate succession in Pennsylvania is that intestate succession occurs when a deceased does not leave a will and testate succession occurs when there is a will. Intestate succession follows the intestacy laws of the state, while testate succession follows the instructions in the will.
Related FAQs
What is the probate process?What if I want to challenge the validity of a will?
Can I disinherit a spouse in a will?
Who can challenge a will?
What happens if a beneficiary dies after the testator?
What is the difference between a trust and a will?
What happens when a will is contested in court?
What happens if a named beneficiary in a will predeceases the testator?
What is a will codicil?
What is a testamentary trust?
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