Testator

Anyone who has created a will is technically a testator.

When a testator passes away they are said to have died "testate". Conversely, someone who passes away without a will is said to have died "intestate".

Testators have selected executors as part of the process of completing a will and hopefully have taken the time to notify those individuals to get their approval. That doesn't always happen, though, so if they did not get approval, the executor always has the right to refuse the responsibility. It's best to do that before the executor begins any specific duties.

You're most likely to come across the word testator in wills or statutes.

So if you're reading a will and you see, "I, James Baldwin, the testator, hereby sign my given name to this will…", you know that the testator is the person who is making the will. In this case, James.

You may also see situations where the testator's signature is needed to alter wills or references to testators in state statutes involving estate planning and estate settlement.

Reading a Testator's Will

If you're googling about testators, chances are you're reading a will. Most wills are fairly easy to digest, but if you're the executor, it's your job to interpret them correctly.

A will is a legally enforceable declaration by the testator regarding the instructions of the distribution of the testator’s assets after his or her death.

Here's what all that jargon means:

Legally enforceable: To be legally enforceable, a will must be considered valid. Each state’s last will and testament laws will determine whether the document is legally valid or not.
By the testator: The will must be created by the individual prior to their death. This individual, called the testator, must have been of sound mind (possessed mental capacity) when they created the document.
Instruction of the distribution: The document must offer guidance on how to distribute the testator’s assets.
After his or her death: Although there are such documents as “living wills,” it is a general rule that wills do not take effect until the testator’s death.

Reading a will is one of the first things you do during the probate process, which can last up to 18+ months. Get an idea of everything you're responsible for here.

With something this involved and long, we recommend making thoughtful, methodical steps each of the way — making sure you completely understand what it is you're doing and why.

So when reading a will without a lawyer, take 5 minutes to make sure you've got the lingo and typical flow down.

We've written a whole breakdown on accurately interpreting wills here.

How to Become a Testator

It's really simple — make a will. There are all sorts of ways to make a will and become a testator, from working with lawyers, using online tools, or just doing it yourself.

There are a few different types of wills:

Simple Will - As the name suggested, a minimal will that must do these things:

- Identify the testator
- Identify the beneficiaries of the estate
- Name the testator’s assets and explain which assets go to which beneficiary
- Prove that the testator is of sound mind and acting on his or her own accord
- Include the testator’s signature
- Include the signature of witnesses

Joint Will - A type of will with two testators (typically a spouse).

Testamentary Trust Will - A testamentary trust will is a will that includes specific provisions to place assets within a trust.

And then three different formats of wills, including:

Attested Wills - Attested wills are a written legal document that is both signed by the testator and appropriately witnessed by third parties.

Holographic Wills - A holographic will is one that is written by the testator but not witnessed.

Nuncupative Wills - A nuncupative—or oral—will is spoken by word of mouth in the presence of witnesses.

Go here for more on those types of wills.