New York State Private Investigator Practice Exam

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Which term describes a situation where a person passes away without leaving a will?

Testate
Intestate
Probate
Executor

The correct answer is: Intestate

The term that describes a situation where a person passes away without leaving a will is "intestate." When someone dies intestate, their estate is distributed according to the laws of succession in their jurisdiction, which typically prioritizes relatives such as spouses, children, and sometimes parents or siblings. This legal framework ensures that the deceased's assets are transferred in a manner deemed appropriate by law, protecting the interests of potential heirs. In contrast, "testate" refers to the situation where a person dies leaving a valid will. "Probate" is the legal process that involves proving the validity of a will and distributing the estate, while "executor" is the individual appointed to manage the estate according to the terms of the will. Understanding these terms is crucial, especially in the context of estate law, as they define various processes and legal standings for handling a deceased person's affairs.