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

-   State Codes and Statutes Websites -   Estate Planning in Your State

Articles

-   Wills Top 10 -   Your Will Is a Key to Your Legacy

-   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 & Planning -   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

-   Ways to Avoid Probate Court -   "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 -   Families Should Consider Legal Checkups

Hot Topics

-   Billions in Unclaimed Property - Is Any Yours? -   Legal Consequences of Dying without a Will

-   Looting a Loved One's Estate

Wills and Probate FAQs

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Related Topics on Lawyers.comsm

-   Estate Planning -   Powers of Attorney

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Ask a Lawyer - Wills & Probate Basics Law questions answered by leading lawyers my brother and i are co executors of my fathers will can my brother retain a lawyer and proceed wit our father is here in toledo but lives in florida but dont have a will what happens if he passes awa my dad has no will what happens if he dies If my mom has a will and it''s not in the spot she told me it would be how would i go about finding how can i get my inhertiance mother died and left my uncle in charge of the estate he said since i lived in the house and he paid the my bills with the estate money view more...