
If someone passes away having a will or ("testate"), the probate court might be asked to ascertain if the will is valid and hears any objections to the will. The court may also order that creditors are paid and furthermore supervises the process to make sure that property remaining is distributed as per the terms of the will.
If someone dies without a will or ("intestate"), the probate court names an individual to get all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state. The major distinction between dying testate and dying intestate is that an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions supplied by the decedent in his/her will.