In a Sale
What This Means When the House Is Being Sold
Whether an estate is testate changes the starting point for a sale. A valid will generally names an executor and may grant that person specific authority over real property, sometimes avoiding steps an intestate estate would otherwise need. Confirming the will is genuinely valid, properly executed and not superseded by a later document, is worth doing early rather than assuming based on a copy the family has kept.
Compare
Not to Be Confused With
What Tells Them Apart
Testate describes the presence of a valid will. Intestate describes its absence, meaning state law rather than any document decides who inherits. Will is the document that makes an estate testate. Executor is the role a valid will typically names, and that person's authority comes directly from the will once a court has admitted it to probate.
Questions
Questions People Ask
We found a will. Does that mean we can sell the house right away?
Not immediately. A valid will generally names an executor and may grant authority over real property, but that authority is treated as real once the court appoints and issues Letters. Confirming the will is properly executed and not superseded by a later document is worth doing early rather than assuming.