Testacy Law and Legal Definition

Testacy refers to the condition of leaving a valid will. It is distinguished from intestacy, in which someone dies without leaving a will and their estate passes under state laws of descent and distribution.

A formal testacy proceeding is one conducted with notice to interested persons before a court to establish a will or determine intestacy. A formal testacy proceeding may be commenced by an interested person or a personal representative named in the will filing a petition in which it is requested that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition for an order that the decedent died intestate.