State Laws: Estates and Probate

The Probate Process

The court-supervised process of distributing a decedent’s property is generally known as probate. Probate also refers more narrowly to validating a will. A personal representative nominated in a will or appointed by a probate court carries out the probate process on the estate’s behalf. The personal representative distributes the decedent’s assets to family members or other beneficiaries.

Property Distribution Outside of Probate

Certain assets may transfer outside of the probate process. For example, real estate and other real property titled as a joint tenancy with the right of survivorship will transfer to the surviving joint tenant after the decedent’s death.

Other assets can be subject to beneficiary designations and avoid probate. You may complete the necessary forms with financial institutions to provide for named beneficiaries for certain financial accounts. These may include:

• Life insurance policies with a named beneficiary
• Bank accounts with a payable on death order
• Retirement accounts, including IRAs, with a named beneficiary

Federal tax law sometimes comes into play (e.g., federal gift and estate taxes) during estate planning and probate proceedings. However, state law governs most aspects of estate planning and probate.

State Estate and Probate Laws

Each state compiles its governing laws in "Estate Codes," "Probate Codes," etc. These laws cover a wide range of legal documents, including state laws relating to the following:

• Intestacy
• The formation of valid wills
• Living wills
• Power of attorney
• Revocable living trusts
• Community property
• Estate administration
• The fiduciary duty of personal representatives

The table below provides links to estate and probate laws in all 50 states and the District of Columbia. Each state name also links to FindLaw’s state-specific estate planning pages, where you can find answers to common questions for your jurisdiction.

Note: The Uniform Probate Code was developed by the nonprofit, nonpartisan Uniform Law Commission to encourage consistency in estate and probate laws across the country. It has been adopted, in whole or in part, by 18 states.

Need Help Planning Your Estate?

Estate planning can be manageable, especially with a relatively small estate. FindLaw’s estate planning pages and do-it-yourself tools may help you save time and money.

That said, most laws governing estate planning and administration exist at the state level. A local estate planning attorney can be an important ally and provide critical legal advice. Whether you are making plans for your estate or have questions about the estate of a deceased loved one, an attorney can help.