Testate vs. Intestate: What are the Differences?

It is actually rather simple though the ramifications can be rather complex. If a person dies having validly executed will then that person is considered to have died "testate." That simply means that the person has spelled out their intentions and their assets will be distributed based off of their intentions which are stated in their will.

If a person has died intestate, not having validly executed a will, then the state of Nebraska has predetermined how their assets are to be distributed.

Nebraska has a set of intestate succession statutes which govern how the assets are to be distributed. Think that a surviving spouse will be entitled to the entire estate? Think again. Is it possible that a child who hasn't spoken to the decedent in 25 years may inherit portions of the estate? Yep. Could the parents of the decedent inherit some assets? Yep.

So while the technical difference between testate and intestate is quite simple, you can see the unintended consequences can be severe.

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