When a person dies testate, how does their estate pass?

Prepare for the Florida Title Insurance Exam. Use flashcards and multiple choice questions with hints and explanations. Get ready to pass your exam!

When a person dies testate, it indicates that they have executed a valid will prior to their death. The primary purpose of a will is to dictate how the deceased person's assets and estate should be distributed. Therefore, upon their passing, the estate is administered according to the instructions laid out in the will. This may include specifying beneficiaries who are to receive particular assets or addressing any other wishes the deceased had regarding the distribution of their estate.

In contrast, laws of intestacy apply when someone dies without a will, directing how the estate is divided according to state statutes. The state does not automatically receive the estate unless there are no qualified heirs left to inherit. Joint ownership rights pertain to property ownership arrangements that can provide rights of survivorship, affecting how assets pass, but do not relate to the distribution of a deceased person's estate as specified in a will.

Thus, for someone who has died testate, the distribution occurs in accordance with their will, reflecting the intention of the deceased. This principle ensures that the decedent's wishes are honored and upheld in the settlement of their estate.

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