Wills

A will is a written guide to a person's final requests. It contains information such as where the person wants her final resting place to be and how to handle her estate. If a loved one, such as...

All states have requirements for the execution of a valid will by a testator (the maker of the will), whether the will is prepared with an attorney's assistance or is a holographic will, which is...

The main responsibility of the executor of a last will and testament is to administer the estate of the decedent--the person who has passed away--such that the decedent's final wishes are carried...

Occasionally when a will is opened after a person's death, a loved one will discover that he or she has been named executor of the will. Being the will's executor can require a considerable amount...

Probate is a legal process in which a court verifies the validity of a will and oversees its execution. The court also ensures that legitimate creditors of the estate are paid prior to any assets...

When someone dies in the state of Wisconsin, there are specific rules put into place for challenging a will. Only certain people are able to challenge a will, however, everyone who has a legal...

Pennsylvania public records include criminal, divorce, civil, land deeds, and other entities. Pennsylvania public records do not include juvenile court records; in fact, all states do not. They...

Probate is a word that is derived from the Latin word meaning "prove" and is the legal process for establishing the validity of a will. The process of probating a will allows for the assets of the...

A will is an individual's express intention of how she wants her property to be divided and distributed at death.

In most states, a will is a matter of public record once it is filed with the Probate Court for the county in which the deceased person resided.

There are many situations in which hiring a probate lawyer is necessary and helpful. An experienced probate lawyer can help you you avoid problems that may arise after someone has died or with an...

How to set up an estate when someone dies (the decedent). Whether or not they left a will (called intestate succession when not left) - the tasks can be daunting for someone without a formal...

A last will and testament is a legal document that indicates how a person wants his or her property distributed upon death. A will can be probated, which means it is filed with a court to formally...

When a person passes away, they frequently leave a last will and testament. A last will and testament indicates the deceased's wishes as to the disposition of property or assets. There are...

A probated will is one filed with the court to formally commence the administration and disposition of property in accordance with the terms of the will. For example, a person dies, leaving a...

Once the probate court has issued letters testamentary recognizing an executor of a will, it is difficult to get the court to change executors absent some major or obvious problem. An executor has...

You can save your heirs a lot of time and effort by adding an affidavit to your will. Known as a self-proving affidavit, the document will have you and your witnesses state under oath that all...

There is an assumption, fueled by TV drama, that when a person dies, his loved ones assemble, waiting with bated breath for the reading of the will. In reality, most Americans do not have wills....

The word probate comes from the Latin root that means to test or prove. This underlines the key task of the probate, which is to determine the validity of the will or wills brought forward after...

Every state has its own laws of succession or intestacy that govern how the property of deceased individual is to be distributed. Any person over the age of 18 who is mentally capable can avoid...

You may go over in your mind who in your family and friendship circle should receive certain possessions and assets after you pass away, yet never think far ahead enough to put it in writing. You...

A Fiduciary is an English common law term that was used to establish a legal relationship between a Fiduciary and his Principal. Today's legal equivalent would be the relationship between a...

Dealing with the loss of a loved one can be difficult. To obtain a copy of a last will and testament, one must be sure a last will and testament exists or has not been lost. A court of law...

The word "probate" originates from the Latin word meaning "to prove," underscoring the first and potentially most important role of a probate court, namely to verify the authenticity and validity...

The word probate can be traced back to the Latin word meaning "to prove," which underscores one of the essential functions of probate early in the process. Probate is a special type of court...

The presence of a last will and testament does not cause a deceased person's estate to bypass the judicial system, but rather puts it squarely within the jurisdiction of the local probate court....

An executor is the person or persons named in someone's will who ensures that the instructions in the will and the wishes of the deceased are carried out. There are a few things you may need to do...

Probate is the legal process of proving a will is authentic and valid. Through probate, legal title is passed from the deceased person to the beneficiary. There are several items that do not go...