{"id":287033,"date":"2016-04-04T10:45:46","date_gmt":"2016-04-04T15:45:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/planning-an-estate\/state-laws-estates-probate.html"},"modified":"2025-09-04T12:11:00","modified_gmt":"2025-09-04T17:11:00","slug":"state-laws-estates-probate","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/planning-an-estate\/state-laws-estates-probate.html","title":{"rendered":"State Laws: Estates and Probate"},"content":{"rendered":"\n
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State Laws: Estates and Probate<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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State laws about estates, creating wills, property distribution and probate administration are governed by each state’s specific codes, often called Estate Codes or Probate Codes.<\/p>\n\n <\/div>\n\n\n\n

After a person dies, the distribution of their probate property (known as their “estate”) occurs in one of two ways. If a\u00a0last will and testament<\/a>\u00a0exists, the will’s terms determine the estate’s distribution. However, a\u00a0decedent<\/a>\u00a0without a will is said to have died\u00a0intestate<\/a>. In such cases, intestacy laws and intestate succession dictate the estate’s distribution.<\/p>\n

The Probate Process<\/h2>\n

The court-supervised process of distributing a decedent’s property is generally known as\u00a0probate<\/a>. 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.<\/p>\n

Property Distribution Outside of Probate<\/h2>\n

Certain assets may transfer outside of the probate process. For example, real estate and other real property titled as a\u00a0joint tenancy with the right of survivorship<\/a>\u00a0will transfer to the surviving joint tenant after the decedent’s death.<\/p>\n

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:<\/p>\n