In succession law, what distinguishes intestate from testate?

• A. Intestate is with a will; Testate is without a will.
• B. Intestate = no will; Testate = with a will specifying distribution.
• C. Intestate = no debts; Testate = with debts.
• D. Intestate = distribution by contract; Testate = distribution by court order.

Answer: (C)

The crucial distinction is whether a valid will exists. Dying intestate means there is no will, so the estate is distributed according to the jurisdiction’s intestacy rules. Dying testate means there is a valid will that directs exactly how assets should be distributed. Debts or liabilities do not define the difference; they can be present in both scenarios and are handled within the probate process, but they don’t determine whether the person left a will. Likewise, the mode of distribution isn’t about contracts or court orders vs. voluntary wishes—the testate route follows the will, while the intestate route follows statutory rules. So the correct idea is: intestate = no will; testate = with a will specifying distribution.