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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Wills and Probate Articles
State Specific Resources
- Estate Planning Law in Your State
 

Articles

- Will Basics
 - Dying Without a Will
- Types of Wills
 - Don't Let the Government Inherit Your Property
- Organize Your Paperwork
 - Dying Without a Will: Adopted Children
- Preparing a Will
 - Beneficiaries in a Will
- Necessary Will Provisions
 - Reciprocal Wills for Couples
- Anticontest Provisions
 - Providing for Children
- How Can I Stop Fights Over What I Leave?
 - Step-children and Your Will
- What if Your Children Come after Your Will is Done?
 - Leaving Someone Out of Your Will
- Witnesses to a Will
 - Leaving a Spouse Out of Your Will
- Designating Trustees in a Will
 - Disinheriting an Heir and Your Will
- Executors
 - Living Wills
- When and Why You Should Update Your Will
 - Estate Taxes
- Revoking a Will
 - The Probate Process
- Amending a Will
 - Transferring Property Outside Probate
- Keeping Your Will Safe
 - Partition Action
- If a Will Cannot be Found
 - Grounds for Will Contests
- Nonmarital Children and Inheritance
 - Estate Planning and Title to Your Property
- Personal Gifts in Wills - Alternatives to Probate
- Of Sound Mind and Testamentary Capacity
 - Retirement Benefits and Probate
- Joint Property and Probate - Life Estates
- Insurance and Probate
 
Wills and Probate FAQs
- Wills and Probate FAQ
 
Wills & Probate Forms and Video
Forms
- Living Wills
- Power of Attorney Forms
- Change of Beneficiary Letter
- Codicil to Will
- Complete Will
- Pour over Will
- Will - Married with No Children
- Will - Parent with Adult Children
 - Affidavit of Domicile
- Will - Parent with Minor Children
- Will - Remarried with Minor Children
- Will - Grandparent with Grandchildren's Trust
- State Living Trust Forms
- Living Trust - Joint
- Living Trust - Revocation
- Trust Letter to Bank or Broker
- Trust Letter ot Mortgage Lender
 
Video
- Write a Will Video
- Why should I prepare a will?
- What happens if I die without a will?
- How do I change my Will after it's been signed?
- Does a will cover all of my property?
 - What does it mean to be an Executor?
- What is probate? How can I avoid it?
- What is the Power of Attorney?
 
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Related Topics on Lawyers.comsm
- Estate Planning
- Powers of Attorney


Latest Law Research and Information

Legal articles focusing on Wills And Probate Law
Probate
Probate is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased to his or her heirs. Find out more about the probate process and visit our message board on the topic.
Living Wills
A living will provides instructions about your wishes concerning medical treatments or life-sustaining measures if you have a terminal condition, become permanently unconscious or are in a persistent vegetative state and lack the capacity to make or communicate those decisions.
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.
Will Basics
A will is a very important part of your estate plan because it sets forth exactly how you want your property to be handled after you die, and it can make sure that the person you want for the job does in fact take care of your children after you die. But, your will must be valid to be effective.
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.
Ask a Lawyer - Wills And Probate Law questions answered by leading lawyers
What Happens When One of Two Trustees Can No Longer Serve?
If there are co-trustee's in a will from 2003 where one of the trustees are 83 years old and becomes physically and mentally ill later on, does the other trustee automatically get the right to make real estate decisions or financial decisions or does he have to file for the right in surrogate court to...
What Happens When A Missing Will Turns Up?
If I've been appointed as an administrator by the surrogate court of my fathers estate and the "the will or the copy of the will surface." What would happen to me as administrator and what are the chances that the copy of the will can be probated? Please, please, help I've posted here before...
Preparing a Will
What type of lawyer does a regular will? How much does a will cost to draw up and does the forms you get at Staples count as a legal document if you have a lawyer review it after you fill it out?
What Are the Rights of the Survivors to the Contents of the Decedent's Rented Apartment?
(New York) My father-in-law passed away with no surviving spouse and no will. He was living in an apartment and due to recent hospitalization, was in arrears on rent. His surviving children want to collect property from the apartment, but the landlord has put a padlock on the apartment to deny them access...
Can the Executor of a Will Ignore Its Dispositive Provisions?
Can the executor of the will disregard the written wishes of the deceased and make his own decisions with the will and keep all assets for themselves?

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