What does testate mean?
“Testate” is a formal legal term describing a deceased person who made a will before dying. A person who dies testate has expressed formal instructions about the distribution of their property, and the resulting estate is administered according to that will. The opposite is “intestate,” which describes a death without a will; in that situation, inheritance is determined through the applicable laws of intestacy rather than the deceased’s stated wishes. Testate can also function as an adjective for a will or an estate: “testate succession” refers to succession governed by a deceased person’s will. The word is particularly associated with wills, probate, executors, and estate administration. Because most legal systems now have detailed rules for distributing property when no will exists, testate and intestate remain useful distinctions in probate law and in the interpretation of a deceased person’s intentions. The word is uncommon outside formal legal contexts.
Having made a will before death; relating to an estate or succession governed by a will.
"The deceased died testate, so the estate was distributed according to the will."
The legal and formal adjective sense is dominant.
A person who has made a will before death.
"The registry identifies each testate and the executor appointed under the will."
This noun use is rare and chiefly formal.
The plural is rare because the noun itself is rarely used.
"The archive contains records of testates and the executors appointed under their wills."
“Died testate” means the person made a will; “died intestate” means the law did the deciding.
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Where does testate come from?
The word comes from Latin testatus, the past participle of testari, meaning “to bear witness” or “to testify,” and literally “having borne witness.” Its legal sense developed in association with Latin testamentum, meaning “will.” The same root underlies related words such as testament, testimony, testimonial, and attest.
Related word forms
How testate is actually used
Formal and specialized legal vocabulary, used chiefly in wills, succession, probate, and estate administration. It is uncommon in ordinary conversation.
Easily confused with testate
A person who dies testate has made a will, whereas one who dies intestate has left no will for the law to interpret.