Testacy Proceeding Law and Legal Definition

Testacy refers to the condition of leaving a valid will. Pursuant to section 1 201 of the Uniform Probate Code, a testacy proceeding means a proceeding to establish a will or to determine intestacy.

Dying without a legal will create intestacy. In intestacy, distribution is overseen by a probate court. A formal testacy proceeding is commenced by an interested person filing a petition for granting an order probating a will. Petition can be filed by a personal representative also. Additionally, testacy proceedings are initiated to set aside an informal probate of a will.