What is the difference between intestate and testate succession?

Intestate and testate succession are two terms used to describe the ways in which property is transferred upon someone’s death. In Wisconsin, these terms are defined by Wills and Probate Law. Intestate succession refers to when a person dies without a valid will, or ‘intestate’ as it is termed. In these cases, the state’s laws will decide how the property is distributed. In Wisconsin, intestate succession law dictates that the decedent’s estate be distributed in the following manner: first, to the surviving spouse; second, to the decedent’s adult children; and third, to the decedent’s parents or siblings. Testate succession, on the other hand, refers to the process of a valid will being followed upon someone’s death. The will is used to indicate how the decedent wishes their property to be distributed. Generally, this method of succession is preferred because it allows the decedent to have control over their estate and how it is distributed after their death. In summary, the difference between intestate and testate succession is that intestate succession follows state law guidelines for the distribution of an estate, while testate succession utilizes the decedent’s will to decide who the beneficiaries of the estate will be.

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