A will is probated in the county and state in which the testator (person who wrote the will) died. If the testator owned any property in another state, another probate proceeding will be started in that state and county. Assets that do not pass directly to a surviving spouse or other heir through a community (joint ownership or joint tenancy) property agreement, right of survivorship, a payable on death (POD) bank account, an "in trust for" account with named beneficiary, other trusts with named beneficiaries, life insurance, retirement accounts [e.g., IRAs, Keoghs, and 401(k)], or annuities are subject to formal probate proceedings. If the decedent dies without a will (intestate), and no beneficiaries are named, the courts will determine the hierarchy of heirs.
Should I hire a probate Probate Lawyer? Because of the legal complications that may arise in the probate process, many people try to put together their estate plans so as many assets as possible pass directly to their intended heirs. To assure your estate is distributed according to your wishes and to avoid as many legal complications as possible through the probate process, consult with an estate planning or probate lawyer in your area to formulate the best plan for your needs. If you have legal issues pertaining to the probate process or wish to contest a will, it's wise to retain a probate attorney who is well versed with the laws in your state. Use the search form on this page to find a qualified probate lawyer in your area.
Probate Lawyer & Attorney Directory: Are you currently going through the probate process yourself and need a helping hand? Not sure what the laws and requirements are for your particular state? 1800 Probate Online can help! Select your state from the drop down menu to the right or from the list below to find information relating specifically to your state: from a general overview of the probate process in each state, to specific laws and regulation for each, 1800 Probate Online provides you with the information that you need about probate law and the probate process within your state.
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