Probate Law - US
- ABA - Probate Process
Probate is the court-supervised legal procedure that determines the validity of your will. It affects some, but not all aspects of your estate. Non-probate assets, like a life insurance policy, are paid directly to the beneficiary. Upon your death, your will is filed with the probate court and its validity determined. All property, debts, and claims of the estate are inventoried and appraised. All valid claims of the estate are collected, and the remainder is distributed to beneficiaries according to the will.
- American Indian Probate Reform Act
The American Indian Probate Reform Act of 2004 (S. 1721) provides valuable tools to the Department of the Interior, Tribal governments, and individual Indians to facilitate the consolidation of Indian land ownership in order to restore economic viability to Indian assets. The Act amends the Indian Land Consolidation Act and amendments made in 2000.
- Probate Courts Resource Guide
Provides information on the operation of probate courts, as well as on their jurisdiction, administration, practices, and procedures.
- Probate Law - Definition
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A surrogate court decides the validity of a testator's will. A probate interprets the instructions of the deceased, decides the executor as the personal representative of the estate, and adjudicates the interests of heirs and other parties who may have claims against the estate.
- Probate Process in the United States
The probate process in the United States can be complicated and hard to understand, especially because it varies by county and state. For example, while each state’s probate code will describe their basic probate law, the cases themselves are administered by the county courts and county processes may differ in fees and procedure. Overall, the best way to find out about the probate process in your location is to call your county or state courthouse or contact an attorney.
- State Probate Courts
Probate courts are responsible for handling many of society's most important as well as emotional issues. While probate courts primarily handle the estates of deceased people, they also play an important role in protecting the rights of people with special needs—the mentally ill, orphaned children, the elderly, and developmentally disabled people. Probate courts are part of the state court system.
- Uniform Probate Code
The Uniform Probate Code (commonly abbreviated UPC) is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) governing inheritance and the decedents' estates in the United States. The primary purposes of the act were to streamline the probate process and to standardize and modernize the various state laws governing wills, trusts, and intestacy.
- Uniform Probate Code - Overview
UPC 1991 essentially repeats UPC 1969's articles on probate procedures (Articles III and IV). These procedures were designed in the 1960s to meet the public demand for quicker and less expensive settlements of decedents' estates. The UPC procedural reforms work very well in the enacting states and have served to reduce delays and public distrust of lawyers and probate courts. This portion of the UPC 1991 enables uncontested estates in probate to be processed with greater safety and as efficiently as estates that are controlled by probate-avoiding living trusts.
State Probate Statutes
Organizations Related to Probate Law
- National College of Probate Judges
The major purposes of the College: To promote efficient, fair and just judicial administration in the probate courts and To provide opportunities for continuing judicial education for probate judges and related personnel. These twin purposes are accomplished through a number of national and regional programs and projects, including conferences, publications and other materials.
- National Probate Institute
For many people, "probate" means dealing with a will and an estate after someone we know has passed away. This is often a long, drawn-out process for those involved, as they must wait for the creditors and lawyers to take their piece of the hard-earned finances and personal property the deceased has left behind. But it doesn't have to be this way...
Publications Related to Probate Law
- National Association to Stop Guardian Abuse
NASGA was founded in 2006 by several victims. NASGA is now made up of dedicated individuals who have experienced the horrors of guardianship or conservatorship. As former victims or family members of victims, our mission is to end unlawful and abusive guardianship or conservatorship practices.
- Probate Law Journal
The Quinnipiac Probate Law Journal is published quarterly by the Quinnipiac University School of Law in cooperation with the National College of Probate Judges and Connecticut Probate Assembly. The Quinnipiac Probate Law Journal is a practitioner's guide and a source of information regarding probate law to the legal community.
- United States Probate Records
Probate records are court records created after an individual's death that relate to a court's decisions regarding the distribution of the estate to the heirs or creditors and the care of dependents. This process took place whether there was a will (testate) or not (intestate). Various types of records are created throughout the probate process.
Articles on HG.org Related to Probate Law
- Estate Planning Wills & Trust Probate It Is WrittenEver since the age of the Babylonian Empire when the first substantial collection of laws were written on tablets of stone, the declaration “It Is Written” has been used to indicate that what was is indeed written is not to be questioned or contested, and is therefore the final word regarding the matter. All directives, instructions, authority, and laws are based upon written documents.
- Estate Planning for the Modern FamilyIn a time when the traditional nuclear family has shifted to a more complex structure with multiple marriages, step-children, half-children, common law marriages and cohabitation, and same-sex couples, keeping an estate plan up to date with life's constant changes can be a challenge.
- Who Can Start a Private Foundation?When you are evaluating your financial position as you plan your estate you may well find that you have the means to set aside resources for the benefit of charitable organizations.
- Possible to Verify the Right to Inherit Vis-à-vis a Bank Even without Certificate of Inheritance - GermanyThe right of the heir to inherit, who is heir to a deceased client of a bank, does not necessarily have to be verified by a certificate of inheritance according to German law.
- Heir Is Likely To Be Liable For Claims Arising From A Tenancy Of The Testator Only To A LimitIf claims arising from a tenancy still exist against the testator after the devolution of the inheritance, then the heir is potentially only liable insofar as these can be covered by the estate.
- Disinherited Final Heir Can Cause Problems - GermanyMarried couples should be careful when drafting their will with regard to any possibly remaining final heirs.
- Inheritance Tax TrapWhy it is Essential to include comprehensive information when you fill in Inheritance Tax forms IHT 400 and IHT 421
- A Look at Postmortem PlanningExecuting estate planning documents that express your wishes in writing is indeed important when you are making preparations for the inevitable. However, this is only part of the process.
- Probate: Smooth Sailing in The Garden State ?In the state of New Jersey the probate process has been streamlined to facilitate a smooth and efficient transfer of assets to the heirs of people who pass away.
- Who Will Be In Charge if You Are in Bad Health?If you have ever watched a parent, grandparent or other loved one struggle through health problems you know how difficult it can be. Is there more you can do?
- All Estate Planning Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Estate Planning including: estate and trust, inheritance law, personal property, probate, wills.