A decedent who dies leaving a valid will is said to die testate. Without a valid will the decedent is said to die intestate. If the decedent names a personal representative to carry out the provisions of the will that representative is called an executor if male and an executrix if female. Three Basic Types of Wills Study Guide Formal will one that has been prepared and executed in compliance with the state s law of wills. Holographic will one that is written entirely in the testator s handwriting and signed by the testator, but not witnessed by attesting witnesses.
Some states permit nuncupative wills only under limited circumstances.
These requirements vary from state to state, typically, a person must be 18 years of age or older. A will is valid only if the decedent had testamentary capacity at the time of its making. A person who has been adjudicates insane or for whom a guardian does not necessarily lack testamentary capacity. Most courts presume that the decedent had testamentary capacity. The burden of introducing evidence lies with the party alleging the fact.