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 in Your State

Articles

-   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 -   When and Why You Should Update Your Will

-   Estate Taxes -   Revoking a Will

-   Probate -   Amending a Will

-   Transferring Property Outside Probate -   Keeping Your Will Safe

-   Partition Action -   What Should Be Done If a Will Cannot Be Found?

-   Grounds for Will Contests -   Dying Without a Will: Nonmarital Children and Inheritance

-   Estate Planning and the Title to Your Property -   Personal Gifts in Wills

-   Alternatives to Probate -   "Of Sound Mind" and Testamentary Capacity

-   Do Retirement Benefits Need to go Through Probate? -   Will Basics

-   What Happens if I Die 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 for Wills and Trusts

-   Does Joint Property Need to Go Through Probate? -   Life Estates

-   Does Insurance Money Need to go Through Probate? -   When You Want to Provide for Your Children

-   How Can I Stop Fights Over What I Leave? -   Step-children and Your Will

-   Considerations When Naming a Health Care Surrogate -   Picking the Best Legal Guardian for Your Child

-   Terminating a Power of Attorney

Wills and Probate FAQs

-   Wills & Probate: FAQ

Wills & Probate Forms and Video

Forms

-   State Power of Attorney Forms -   Change of Beneficiary Letter by State

-   Codicil to Will by State -   Complete Will

-   Pour-Over Will by State -   Will - Married with No Children by State

-   Will - Parent with Adult Children by State -   Affadavit of Domicile by State

-   Will - Parent with Minor Children by State -   Will - Remarried with Minor Children by State

-   Will - Grandparent with Grandchildren's Trust by State -   Living Trust by State

-   Living Trust - Joint by State -   Living Trust - Revocation by State

-   Trust Letter to Bank or Broker by State -   Trust Letter to Mortgage Lender by State

-   Living Wills by State Location

Video

-   Write a Will Video -   What is the Power of Attorney?

-   What is probate? How can I avoid it? -   What does it mean to be an Executor?

-   Does a will cover all of my property? -   How do I change my Will after it's been signed?

-   What happens if I die without a will? -   Why should I prepare a will?

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Hiring a Wills and Probate Lawyer

-   Wills & Probate: Selecting a Good Lawyer -   Wills & Probate: Preparing to Meet with a Lawyer

-   Wills & Probate: Meeting with a Lawyer

Related Topics on Lawyers.comsm

-   Estate Planning -   Powers of Attorney

-   Family Law