Wills Database
Understand what a will controls, how execution and probate work, where state law matters, and what a will cannot do.
6 reference entries
Intestacy is the state-law distribution system for probate property not effectively disposed of by a valid will; it does not decide every transfer at death.
Key idea: Rules prioritize relatives in an order set by the governing state.
Read the complete guideA will is a state-law document that directs probate property at death, nominates a personal representative, and can nominate guardians and create testamentary trusts.
Key idea: A will generally becomes operative at death and has no authority during incapacity.
Read the complete guideA pour-over will directs probate property into a trust at death, acting as a backstop for assets that were not transferred to the trust during life.
Key idea: The overlooked asset normally still goes through probate before reaching the trust.
Read the complete guideA self-proving will includes an affidavit or acknowledgment allowed by state law that can reduce the need to obtain witness testimony during probate.
Key idea: The permitted form and signing ceremony are state-specific.
Read the complete guideValidity depends on the governing state's requirements, commonly including capacity, testamentary intent, a writing or authorized electronic record, signature, and proper witnesses.
Key idea: Notarization alone is not a universal substitute for witnesses.
Read the complete guideA will contest is a court challenge to validity or admission of a will, often based on execution, capacity, undue influence, fraud, forgery, or revocation; standing and deadlines are state-specific.
Key idea: Disappointment with a distribution is not by itself a legal ground.
Read the complete guide
