Testate
National Real Estate Exam glossary · Transfer Of Title
Definition
The condition of dying with a valid will in place. The person who makes the will is the testator; real property passing under it is a devise to a devisee. Dying without a valid will is to die intestate.
Testate in plain English
'Testate' just means someone died leaving a valid will — a legal document saying who gets their stuff. The person who wrote the will is the 'testator,' and when real estate is handed down through a will it's called a 'devise' going to a 'devisee' (the lucky recipient). The opposite is dying 'intestate' — no valid will — which forces the state to follow a default rulebook for who inherits. Easy memory hook: testate = there's a testament (will); intestate = no such document.
Related National Real Estate Exam terms
National Real Estate Exam practice questions · National Real Estate Exam flashcards · National Real Estate Exam study guide