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...

Probate assets are assets that are not designated in a decedent's will and are left to the courts to decide their distribution. Buying probate assets can be a source of supplemental income if you...

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...

How to Write a Will to Prevent your Estate from Going into Probate. Writing a will is always an excellent idea. The last thing you want when you die is for your relatives to take your estate to...

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...

Probate law, commonly known as estate law, almost always contains a provision for a statute of limitations on a probate. Statutes of limitations have been in use for hundreds of years, although...

A duly designated executor of a will possesses a set of rights and duties. Through the exercise of these rights, an executor has the ability to carry out the directives of the will. An executor...

There is no one probate law that is in effect in all 50 states and the District of Columbia. Each jurisdiction has its own interpretation of probate and how it should be handled.

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...

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...

Death is an unpleasant topic, but it is a certainty for us all. Planning carefully for how your assets will be distributed among your heirs once you're gone can be one of the most important...

A will is a document that a person writes to communicate his wishes regarding whom he wants to pass his estate along to after he dies. A formal will, also called an attested will, is generally the...

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...

A will is a document that describes the wishes of the deceased, and can be drawn up by an attorney or an individual. Once a will is filed with a court, it becomes public record. In some...

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...

The duties of a probate judge vary according to state laws and how the court system of the state is organized. In some states, the probate judge has civil and criminal responsibilities beyond...

Writing a will is the best way to ensure that your wishes will be carried out after your death, yet approximately 70 percent of the population does not have one. Probate laws vary by state, but...

Many people who die leave a last will and testament, a document that contains their wishes with respect to the disposition of their property. You may seek to read the will for various reasons....

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...

Probate is the part of the state court system that manages the administration of a deceased person's estate. There is no requirement that an estate go through probate, but without the authority of...

Probate is the legal process that courts use to implement a deceased person's will, distribute assets to beneficiaries and pay any outstanding debts. Many people hear the term probate and...

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...

When a person dies in the state of Texas, the power to dispose of that person's property is transferred to the executor of their estate. The executor, typically a spouse or child, must first...

Both a will and a living trust are legal documents that spell out a person's wishes when she can no longer make her own decisions. When a person dies or is incapacitated, a will or a living trust...

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...

An executor is a person named by individuals in their will as a part of the estate planning. The person selected to be the executor of the estate becomes the estate's representative when the...

If you are sick with cancer or other condition that will ultimately end your life you may have turned your thoughts as to how your children, spouse or other family or friends will inherit your...

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...

Executors have the important but difficult task of managing the estate of a deceased individual. In addition to the professional work of dealing with assets and creditors, this can also include...

Most individuals, regardless of financial status, have assets and some type of "estate." Living trusts, wills and living wills afford us the opportunity to protect those assets however we see fit....

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...

If you are looking for a copy of a will, there are a few sources to begin your search.

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....

A will is a legal document in which an individual lists the fashion in which he would like his estate divided upon his death. There are many reasons a person might choose to have a will drawn up,...

Probate properties are properties that are going through the probate process after the owner passes away. During this process the validity of the person’s will is examined and verified by a...

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...

When circumstances pertinent to the terms of a Last Will and Testament change, as they sometimes do, making changes to the document is appropriate. While it is not mandatory to hire an attorney...