State Laws: Estates & Probate
By Thomas Hootman, J.D. | Legally reviewed by Steven J. Ellison, Esq. | Last reviewed June 03, 2022
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A deceased person's property (known as their "estate") is distributed in one of two ways. If a last will and testament exists, the estate will be divided accordingly. However, a decedent without a will is said to have died "intestate," and their estate will be distributed according to state laws of intestate succession.
Whether they leave behind a will or die intestate, the court-supervised process of distributing a decedent's property is known generally as "probate," which also refers more narrowly to the process of validating a will. The probate process is carried out by a personal representative nominated in a will or appointed by a probate court.
Though federal law sometimes comes into play (e.g., federal estate taxes), most aspects of estate planning and probate are governed by state law. Each state compiles its governing laws in "Estate Codes," "Probate Codes," etc. These laws cover a wide range of topics, from intestacy and the formation of valid wills to estate administration and 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 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.]
Alabama Code, Title 43. Wills and Decedents' Estates |
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Alaska Statutes, Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions |
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Arizona Revised Statutes, Title 14. Trusts, Estates and Protective Proceedings |
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Arkansas Code, Title 28. Wills, Estates, and Fiduciary Relationships |
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California Code, Probate Code - PROB |
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Colorado Revised Statutes, Title 15. Probate, Trusts, and Fiduciaries |
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Connecticut General Statutes, Title 45A. Probate Courts and Procedure |
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Delaware Code Title, 12. Decedents' Estates and Fiduciary Relations |
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District of Columbia Code, Division III. Decedents' Estates and Fiduciary Relations |
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Florida Statutes, Title XLII. Estates and Trusts |
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Georgia Code, Title 53. Wills, Trusts, and Administration of Estates |
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Hawaii Revised Statutes, Division 3. Property; Family
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Idaho Statutes |
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Illinois Compiled Statutes |
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Indiana Code |
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Iowa Code Title, XV. Judicial Branch and Judicial Procedures, Subtitle 4. Probate—Fiduciaries |
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Kansas Statutes, Chapter 59. Probate Code |
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Kentucky Revised Statutes, Title XXXIV. Descent, Wills, and Administration of Decedents' Estates |
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Maine Revised Statutes |
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Maryland Code, Estates and Trusts |
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Massachusetts General Laws, Part II. Real and Personal Property and Domestic Relations, Title II. Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts |
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Michigan Compiled Laws |
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Minnesota Statutes, Probate; Property; Estates; Guardianships; Anatomical Gifts |
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Mississippi Code, Title 91. Trusts and Estates |
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Missouri Revised Statutes, Title XXXI. Trusts and Estates of Decedents and Persons Under Disability |
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Montana Code Annotated, Title 72. Estates, Trusts, and Fiduciary Relationships |
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Nebraska Revised Statutes, Chapter 30. Decedents' Estates; Protection of Persons and Property |
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Nevada Revised Statutes |
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New Hampshire Statutes, LVI: Probate Courts and Decedents' Estates Note: The links lead to the New Hampshire Statutes compiled by the General Court of New Hampshire. |
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New Jersey Statutes |
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New Mexico Statutes |
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New York Consolidated Laws, Estates, Powers and Trusts Law - EPT |
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North Carolina General Statutes |
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North Dakota Century Code |
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Ohio Revised Code, Title XXI. Courts Probate Juvenile |
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Oklahoma Statutes Note: The link leads to the Oklahoma Statutes compiled by the Oklahoma State Legislature. |
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Oregon Revised Statutes, Title 12. Probate Law |
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Pennsylvania Statutes |
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Rhode Island General Laws, Title 33. Probate Practice and Procedure |
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South Carolina Code of Laws Note: The link leads to the South Carolina Code of Laws compiled by the South Carolina Legislature. The compilation is available in HTML and Word. |
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South Dakota Codified Laws Note: The link leads to the South Dakota Codified compiled by the South Dakota State Legislature. |
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Tennessee Code |
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Utah Code |
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Vermont Statutes |
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Virginia Code, Title 64.2. Wills, Trusts, and Fiduciaries |
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Washington Revised Code, Title 11. Probate and Trust Law |
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West Virginia Code |
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Wisconsin Statutes |
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Wyoming Statutes, Title 2. Wills, Decedents' Estates and Probate Code |
Need Help Planning Your Estate?
Estate planning does not have to be as daunting as it may seem, especially if you have 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. Whether you are making plans for your own estate or have questions about the estate of a deceased loved one, an attorney can help.
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