[Read this glossary entry on atharkhan.com](https://atharkhan.com/glossary/testate/) **Testate** describes dying with a valid [[Will|will]]. A person who dies without a valid will is [[Intestate|intestate]]. The person who made the will is the [[Testator|testator]]. ## In California Family Law Testate does not necessarily mean that a will disposes of every asset. Under [Probate Code section 6400](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6400.), property in a deceased person's estate that is not effectively disposed of by will passes under the intestate-succession rules. A person can therefore leave a valid will and still have property distributed by intestacy. A divorce can also change the effect of an existing will. [[Cal. Prob. Code § 6122|Probate Code section 6122]] generally revokes specified former-spouse gifts and appointments after a later dissolution or annulment unless the will expressly provides otherwise. That is different from declaring the entire will invalid. Dying intestate does not automatically send property to the state. [[Escheat|Escheat]] is a separate issue: [Probate Code section 6404](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6404.) directs application of the escheat provisions when there is no taker under the intestate-succession rules. ## Example Alex dies leaving a valid will that gives a particular account to a relative but contains no effective provision for the rest of the estate. Alex died testate, yet the undisposed portion may pass under intestacy law. The existence of the will and the distribution of each asset are related but separate questions.