Which statement correctly defines testate in the context of estate law?

Which statement correctly defines testate in the context of estate law?

• A. Intestate means a person who dies with a will.
• B. Testate means a person who has a will specifying distribution.
• C. Testate means intestate.
• D. Testate means the estate is exempt from probate.

Answer: (B)

The key idea is the presence or absence of a will. Dying testate means there is a valid will that specifies how the deceased’s assets should be distributed, and probate is the process used to validate that will and carry out its terms. If there is no valid will, the person dies intestate, and state laws determine who inherits. So the statement that testate describes someone who has a will specifying distribution is the correct one. The other options mix up terms or misstate probate and inheritance rules: dying intestate is not dying with a will, testate is not the same as intestate, and testate does not mean the estate is exempt from probate.

The key idea is the presence or absence of a will. Dying testate means there is a valid will that specifies how the deceased’s assets should be distributed, and probate is the process used to validate that will and carry out its terms. If there is no valid will, the person dies intestate, and state laws determine who inherits. So the statement that testate describes someone who has a will specifying distribution is the correct one. The other options mix up terms or misstate probate and inheritance rules: dying intestate is not dying with a will, testate is not the same as intestate, and testate does not mean the estate is exempt from probate.