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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Legal articles focusing on Wills and Probate Law
Probate
When a person dies, two matters of importance are payment of the decedent's outstanding debts and transfer of the decedent's property to those entitled to it. Perhaps the most common way of settling these matters is through the court proceeding known as probate.
Will Basics
A will is a very important part of your estate plan because it details exactly how you want your property to be distributed after you die, and makes sure that the person you want as executor takes control of the proces. But, be sure your will is valid.
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.
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.
Personal Gifts in Wills
Personal gifts can be made while a person is alive or they may be made after death, according to that person's will. When a gift is given during someone's lifetime, it is called an inter vivos gift. When a gift is transferred upon a person's death by a will, it is called a testamentary gift.

Ask a Lawyer - Wills and Probate Law questions answered by leading lawyers
How do I represent my daughter in her father''s estate?
My 10 year old daughter''s father died last week and he had no will. I''m told that she is the sole heir at law and inherits everything. Is there a way for me to represent her without having to become the personal representative for his estate, which costs a lot of money? He doesn''t have much but what he did have I would like to sell and put in a trust fund for my daughter. Please help me!
How much would a living will cost me to have typed up?
my mom willed me a track of land in texas. She has now built a small cottage on this land.. does sh
House for the probate is falling apart.The step children has not did anything to help fixing up th
how can i see my parents will? my only sister may have had the will changed but wouldn''t they have
i''m not on speaking terms with any living relative. i live in ca. but they were living in n.h.
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Wills and Probate Lawyer Web Sites
 
 -  New Jersey Probate Law - Parsons & Nardelli
 -  New Jersey Estate Litigation - Law Office Of Alice Beirne
 -  Arkansas Probate Attorneys - Plastiras Law Firm
 -  Delaware Probate Attorney - William W. Erhart, P.A.
 -  Mississippi Law - Cumbest, Cumbest, Hunter & Mccormick, P.A.