What does the term 'testate' refer to in real estate?

The term 'testate' specifically refers to a person who dies leaving a will. This means that the individual has made formal arrangements for the distribution of their estate upon their death, as documented in a legally recognized will. The will outlines how the person's assets, including real estate, personal property, and other holdings, are to be distributed among heirs or beneficiaries.

Understanding the concept of being testate is critical in real estate, as it affects how property is transferred after someone's death. When a testate individual passes away, the will is typically submitted to probate, a legal process where the court verifies the will's validity and oversees the distribution of the estate according to the deceased’s wishes. This is quite different from situations involving intestate death, where a person dies without a will, leading to different legal protocols for the distribution of assets.

This distinction is important for real estate transactions, inheritance matters, and estate planning, as it clarifies the legality and the process involved in transferring property ownership based on the decedent's specified intentions.