Law Library Articles
Top 10 Probate Articles in the LegalMatch Law Library
When Scrooge McDuck finally dies, his nephews Huey, Dewey, and Louie will definitely be thinking about who will get Scrooge’s massive fortune. Although the death of a loved one can be difficult to deal with, the process of distributing the deceased person’s estate can make matters even worse. The distribution can quickly lead to fighting within the family.
A legal process called probate ensures that the estate of the deceased person is distributed according to his will. Like many legal processes, the process of probate can be complicated and costly if you do not know what you are doing. The probate articles included in this Top 10 list serve as an introductory guide to this complex process.
1. Inheritance & Succession Laws
When a person passes away without a will, state laws determine who inherits their property. These are known as succession or intestacy laws. The rules for who gets what can vary quite a bit from one state to another.
2. Who Can Initiate Probate?
The probate process must be started by a specific person. Usually, the executor named in the will begins the case. If there is no will, a close family member or another interested party can petition the court. Learn more about initiating the probate process.
3. How Probate Works: A State Comparison
The specific steps for probating an estate are different in every state. Some states have more streamlined procedures than others. This article gives an overview of how the process can change depending on where you live.
4. How Much Does It Cost to Hire a Probate Attorney?
Hiring a lawyer for probate involves various costs. Attorneys may charge an hourly rate or a single flat fee for their services. Understanding these potential expenses is helpful when you are managing an estate.
5. How to Probate a Will in Illinois
Probating a will in Illinois follows a specific legal procedure. The executor must file the will with the correct court and notify all interested parties. This article explains the key steps required by Illinois law.
6. The Cost of Probate: A State Comparison
The total cost of probate is not the same everywhere. Expenses like court fees and executor payments are dictated by state law. This article explains how these costs can differ significantly across the country.
7. Informal Probate Laws
Some states offer a simplified process called informal probate. This option involves less court supervision and can be quicker. It is generally available for estates that are straightforward and not in dispute.
8. Wills, Trusts, and Estates: Washington
Washington state has its own laws governing wills and estate matters. This article touches upon the rules for creating a valid will in the state. It also provides information related to trusts and the probate process there.
9. Probate Records
Probate records are the public documents created during an estate case. These files contain the will, a list of assets, and other important papers. They can be a source of information for family members and researchers.
10. How Long Does Probate Take: A State Comparison
The time it takes to complete probate varies widely. A simple estate might take months, while a more involved one can take years to settle. State laws and court schedules play a big part in the overall timeline.
