Wills, Estates & Probate
What happens to a person’s money and property when they die — and how to plan ahead. Probate, wills, intestate succession, executors, living trusts, avoiding probate, contesting a will, powers of attorney, and settling an estate. Procedures vary by state.
All Wills, Estates & Probate guides
- How to Make a Will: Requirements and Common Mistakes
A will must meet your state's specific formalities to be valid. Learn the requirements, what mistakes most often void a will, and how to protect yours.
- Guardianship and Conservatorship: When an Adult Can't Manage Their Affairs
When a living adult can no longer manage their own affairs, courts can appoint a guardian or conservator — separate from probate and a POA.
- Can You Disinherit a Spouse or Child?
Learn when a spouse can be disinherited (rarely), when a child can be, and how pretermitted heir rules protect accidentally omitted children.
- Do You Owe Estate or Inheritance Tax? Federal vs. State
The federal estate tax hits only very large estates. Some states add their own taxes. Here is how to find out whether your estate owes anything.
- What Does an Executor Do? Duties and Responsibilities
An executor has a legal duty to inventory assets, pay debts and taxes, and distribute the estate. Learn what the role requires and what can go wrong.
- Revocable Living Trusts: What They Do (and Don't Do)
A revocable living trust avoids probate and helps manage incapacity — but it offers no automatic creditor shield or estate tax reduction.
- What Is a Power of Attorney and When Does It End?
A power of attorney lets someone act on your behalf while you are alive — and ends the moment you die. Here is how it works and when it matters most.
- What Is Probate and How Does It Work?
Probate is the court-supervised process for settling a deceased person's estate. Learn what it involves, when it applies, and when you can avoid it.
- How to Settle an Estate: A Step-by-Step Guide for Executors
A practical checklist for executors: secure assets, get letters, open an estate account, inventory, pay debts, and distribute — step by step.
- How Long Does Probate Take and What Does It Cost?
Probate can take months or years depending on state law and estate complexity. Learn what drives the timeline and what costs come out of the estate first.
- Wills vs. Trusts: Which One Do You Need?
Compare wills and revocable living trusts: how probate, privacy, incapacity planning, and cost differ — and why many people benefit from having both.
- Small-Estate Affidavits: How to Skip Full Probate
Many states let small estates skip full probate with a simple affidavit. Learn how the process works, what qualifies, and what to watch out for.
- What Happens If You Die Without a Will?
If you die without a will, state law decides who inherits your estate. Learn who typically gets what under intestate succession and what you can do about it.
- How to Become the Executor or Administrator of an Estate
Learn how to become executor or administrator: getting court-appointed, letters testamentary, who has priority, and your duties once appointed.
- How to Contest a Will: Grounds, Standing, and Deadlines
Contesting a will requires a recognized legal ground, standing to bring the challenge, and meeting strict deadlines. Here is what courts actually look for.
- What Assets Skip Probate? Beneficiary Designations, POD, TOD, and Joint Property
Life insurance, retirement accounts, POD, TOD, and joint tenancy all skip probate. Learn how each works and why keeping designations current matters.
- Dealing With a Loved One's Debts After Death
The estate pays a deceased person's debts before heirs receive anything. Learn how creditor claims work and when heirs can be held personally liable.
- Do You Have to Go Through Probate? Ways to Avoid It
Many assets skip probate entirely. Learn how beneficiary designations, POD/TOD accounts, joint tenancy, and living trusts let assets pass without court.