What is the definition of a 'testate' individual?

Prepare for the California Fiduciary Test with expert-crafted questions and in-depth explanations. Hone your skills and increase your confidence for a successful exam experience!

A 'testate' individual is defined as a person who has died with a valid will in place. This means that the individual took the proactive step of creating a legal document that outlines their wishes regarding the distribution of their assets and the management of their estate upon their death. This designation carries significant legal implications as it determines how an individual's estate will be settled according to their specified wishes, rather than following the default laws of intestacy, which apply when someone dies without a will.

The presence of a will allows for a clearer process in probate court, as there is a defined plan that the court can follow. This contrasts starkly with the situation of an individual who passes away without a will, which would lead to the estate being handled according to intestacy laws and potentially causing disputes or complications among surviving family members.

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