Wills and Probate



In a will, a person or "testator" expresses, in writing, what he (or she) wants done with his property after he dies. Most states require wills to be signed by the testator and witnessed by two people. "Probate" is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased person or "decedent" to his heirs. Probate proceedings take place in the probate court or surrogate court in the county of the decedent's legal residence at the time of his death. If a person dies "intestate," meaning "without a will," state law determines how to distribute his property.

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Legal articles focusing on Wills and Probate Law
Probate
When a person dies, two matters of importance are payment of the decedent's outstanding debts and transfer of the decedent's property to those entitled to it. Perhaps the most common way of settling these matters is through the court proceeding known as probate.
Will Basics
A will is a very important part of your estate plan because it details exactly how you want your property to be distributed after you die, and makes sure that the person you want as executor takes control of the proces. But, be sure your will is valid.
Necessary Will Provisions
Provisions in a will vary depending on a person's situation. There are some things that need to go into your will regardless of your circumstances. Other things become crucial depending on your individual needs and desires. Make sure your will covers everything it needs to.
Life Estates
A life estate is an interest in real property that gives a person the right to live in, use and enjoy the property during his or her lifetime. The life tenant's ownership ends when the person dies so the life tenant cannot leave the property to heirs but may transfer their interest to another.
Personal Gifts in Wills
Personal gifts can be made while a person is alive or they may be made after death, according to that person's will. When a gift is given during someone's lifetime, it is called an inter vivos gift. When a gift is transferred upon a person's death by a will, it is called a testamentary gift.

Ask a Lawyer - Wills and Probate Law questions answered by leading lawyers
Who has a claim as an heir? If there IS a Will, but a grandchild is NOT in the Will, do they still h
My aunt died and we don''t know if there''s a will. Can her son inherit? What if we find a will late
My aunt passed away and she has a son that lives in another country. He can''t assist us in looking for a will. Several people that was close to her said that she had a will, but we can''t find it. We consulted a lawyer so we could go through the process of getting an administrator for her estate. My question is if her son is named the sole beneficiary, what if down the line we find a will and he is not named in it? What happens then?
My mother has a will, she appointed me,her elderst daughter executor,to divided her property equally
how do i find out if my grandfather had a will
If a person states in his will and testament that he wants to be cremated, can his survivors refuse
My uncle wanted to be cremated and now his next of kin wants to have him buried instead. Does this have to be enforced or can this be done as long as no one contests it? Also in his will his will he left everything to his sister (next of kin), if she opts to bury instead of cremate, will this void the rest of the will stating that all his possessions go to her?
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Wills and Probate Lawyer Web Sites
 
 -  California Probate - Douglas P. Barnes A Professional Corporation
 -  New Jersey Probate Attorney - Parsons & Nardelli
 -  New Jersey Estate Litigation - Law Office Of Alice Beirne
 -  Arkansas Probate Law - Plastiras Law Firm
 -  Delaware Probate Lawyer - William W. Erhart, P.A.