An owner may dispose of his property during his lifetime, by deed, mortgage, lease, etc. He may also make disposition of it to take effect at his death. This is usually accomplished by will or as it is legally termed "last will and testament." The owner making the will is known as the testator, and having done so he is said to have died testate. The will must be executed with certain formalities, required by law. Upon the testator's death it is offered for probate to an appropriate court, which, if the will is regular and no valid objection be raised, admits it to probate, and a public record of it is made. While many laymen attempt to draw wills, such practise is exceedingly dangerous. Any error in form or manner of execution may invalidate the will and usually such error is not discovered until the will is offered for probate, when, the testator having died, it is too late to remedy the mistake.

A gift of real property is a devise and the recipient a devisee; of personal property a bequest or legacy, the recipient a legatee. These terms are often erroneously used interchangeably, and sometimes grave troubles arise from such carelessness. As has been said the will cannot cut off the wife's dower rights. Consequently it is usual for the testator to make some provision for his wife, stating that it is "in lieu of dower." Even such provision is binding upon her only in case she fail within a certain legal time to elect to take her dower rights instead.

A will should and usually does appoint an executor who is empowered to carry out its terms and provisions. Unless the will gives him rights and duties with reference to the realty, he has no interest in the real property. It passes to the devisees immediately upon the testator's death; the executor's duties being only to collect the personal property, pay debts and legacies, and account to. the court.