When a person dies, their last will and testament (assuming they prepared one in advance) is handled and their wishes for the distribution of their personal property implemented through a process called probate. Probate simply means the procedure by which their last written directives are legally certified as the final statement of their wishes regarding their worldly possessions (including any property or properties they may have owned). It also confirms the appointment of a person or entity the deceased person selected to administer their estate.

A probate court, which is sometimes referred to as a surrogate court, is a specialized court and legal process that deals with matters pertaining to the probate and the administration of the estate of deceased persons. These specialized courts ascertain and oversee that proper administration and distribution of the assets of a decedent (one who has died), determine and certify the validity of wills, enforce the provisions of a valid will (by issuing the grant of probate), prevent improper action or malfeasance by executors and administrators of estates, and provide for the equitable distribution of the assets of persons who die intestate (without a valid will).

Also known as an Executor or Executrix, this is the person designated by a will to manage the deceased's estate. It is their duty to ensure that the deceased person's wishes, as expressed in the will, are carried out. Some tasks include determining and protecting the specific assets of the estate, collecting and arranging for payment of debts, making sure estate taxes are calculated and paid, and assisting the attorney for the estate.

Joint tenants (or tenancy) with the right of survivorship (JTWROS) is a type of ownership of real property or financial assets in which all joint owners have equal portions of ownership that are immediately re-allocated to remaining owners if one or more owners dies.

This term refers to a person who has died and left a "Last Will and Testament" that specifies their wishes pertaining to the distribution of the assets of their estate following their death. In this case, the estate will be distributed according to the provisions of the will.

This term refers to a person who has died and did not leave a "Last Will and Testament." In this case, the administration of the estate will be handled by the court of jurisdiction and according to the laws of the state.

A codicil is a document, attachment or rider that is added to an existing will that modifies or supersedes existing provisions or adds new provisions. This is done as an alternative to redrawing the entire will and is often done to change a beneficiary or assign disposition of a particular property or define the rights of a specific beneficiary.

An original will is delivered to court, a notice is published, a representative is certified, creditors file claims, assets are gathered, and finally, remaining assets are distributed.

Generally six months, but can take much longer due to delays.

To legally transfer property titles, collect taxes, set deadlines for creditor claims, and ensure orderly distribution of the estate.

Not necessarily. Assets in joint tenancy or a living trust often pass to heirs without probate.

It can cost 3% to 7% or more of the total estate value.

Possibly. In some states, there are "simplified procedures" for estates below certain thresholds. However, if there is real estate involved or debts against the estate, full probate may be required or advisable.

The executor files a petition with the court, notifies beneficiaries, and if no objections are received, the court approves the petition, appoints the personal representative, orders that taxes and creditors be paid, and requires reports to assure all property is accounted for and distributed according to the will.

The appropriate court in the State and County where the deceased permanently resided at the time of their death is usually where probate is processed.

While there is usually no legal requirement to use a probate lawyer, probate is a formalistic procedure. One minor omission or missed deadline can cause everything to come to a grinding halt. It generally is a very good idea to "let a lawyer do it."

If the decedent owned out-of-state real property, the will must usually be submitted to probate in those other states as well. This is called "ancillary probate."

If there is a will, the Personal Representative (executor or executrix) is usually responsible. If there is no will, an "administrator" is appointed by the court.

Duties include: inventorying assets, receiving payments due, paying debts, filing taxes, and distributing property.

No, you can decline. An alternate or a court appointee will take over.

Yes, typically a personal representative earns a fee of approximately 2% of the total value of the estate for their work. This can be mandated by law in some states.

The representative is personally liable for any damages caused by neglecting their duties.

This begins a "Will contest," which can be costly and cause long delays.

Typical objections include: the will was not properly drawn, signed or witnessed; the decedent lacked mental capacity; there was fraud, force or undue influence; or the will was a forgery.

A contest is mounted by filing necessary documents with probate court. To successfully challenge a will, there must be sufficient evidence that the will was not created properly.

If a person dies without a will (intestate), the probate court appoints an Administrator to receive claims, pay creditors, and distribute property in accordance with state law.

Missing wills raise legal issues. The will may be missing because it was intentionally revoked, or it may be provable through a photocopy or lawyer's draft if there's evidence the original was duly signed.

Check with the probate court in the County where the deceased lived. The will, if filed, will be available to the public.

One approach is through the use of a Living Trust that holds legal title to your property at the time of your death. The Trust is a legal entity which survives you after your death.

Creditors are notified of the death and have a fixed period of time to file claims. If approved by the personal representative, the bill is paid from the estate. If rejected, the creditor must sue the estate.

Generally not. Unless the beneficiaries guaranteed payment or assumed liability, they should not have liability for the deceased's debts just because they are beneficiaries.

Death triggers two tax events: it ends the decedent's last tax year for income tax purposes, and establishes the "estate" as a new tax entity. Various federal and state tax returns may need to be filed.

Yes. A will can be modified with a codicil or replaced by a completely new will, as long as the person making the changes is competent.

Often they are, but a court is not bound by these provisions and might overrule them if there was a specific reason to do so.

Generally yes. A judge can void all or part of a will. You cannot change the effects of law just by stating your wishes in your will.

You could appoint co-representatives, but this could cause problems during probate if there is disagreement. Normally, one representative is all that is needed.

It depends on state laws, but usually isn't an absolute requirement, though it is usually easier for larger estates and real estate.

Joint tenancy with right of survivorship (JTWROS) doesn't replace a will. If one owner dies, the other becomes sole owner. This means the property isn't part of the estate and is not subject to probate.

This is generally a movie scenario and not done in real life. Usually, the personal representative provides notice of probate and parties can obtain copies from probate court.

If allowable in your state, the benefit is that the list can be changed from time to time without changing or adding codicils to the will.

Generally, a valid will must be hand-written or printed and signed by the testator. It must be witnessed by two (or more) disinterested parties who are of sound mind. The testator must have reached the age of majority and be of sound mind.

State laws provide a "default will" for intestate deaths. The spouse and children usually receive the property first. If none exist, it goes to parents, then siblings, grandparents, etc. If no family is found, property reverts to the state.

Immediately. Death often comes as a surprise. Making a will represents doing the right thing for those you love. You should occasionally review your will to ensure it continues to represent your final wishes.

If you don't do it yourself (which is acceptable), only an attorney can legally draft a will for you. Personally drafted wills are often incomplete and may be held invalid under state laws.