A testate decedent is one whose will has been or can be admitted to probate. The will controls who takes what — subject to statutory exceptions like spousal share (some states), pretermitted children, and creditor claims.
For curative purposes the practical question is whether the will was actually admitted to probate. A signed will sitting in a desk drawer is not testate disposition; it has to be filed with the court and admitted before it controls. If the four-year window for probate (Texas) or analogous statute lapses without the will being admitted, the decedent dies effectively intestate as to that property.
A will admitted in one state still has to be filed for record in every other state where the decedent owned real property. This is why ancillary probate or muniment of title in the property-state matters even when the home-state probate looks complete.
Common pitfalls
- Assuming the will controls because it exists. A will that was never admitted to probate may have no legal effect on real property.
- Missing the window. Most states have a statute of limitations on offering a will for probate.