Probate is the legal process by which the court administers a person’s estate after that person passes away.

Wills vary from extremely simple single-page documents to elaborate volumes, depending on the estate size and preferences of the person making the will (the "testator"). Wills describe the estate, the people who will receive specific property (the "devisees"), and even special instructions about care of minor children, gifts to charity, and formation of posthumous trusts.

Having a will is arguably one of the most important things you can do for yourself and your family. Not only can a will legally protect your spouse, children, and assets, it can also spell out exactly how you would like things handled after you have passed on. This article outlines the top ten reasons to have a will.

The estate of a person dying testate, with a valid Will, goes through probate and is divided according to the explicit wishes of the deceased.

The various U.S. states each have their own probate codes, and their own peculiar requirements for making a valid Will.

In California, a Will is valid when it is in writing, signed by the testator and witnessed by at least two persons present at the same time.

A living Will is the name given to a document in which you can set out the nature and extent of the treatment you would like to receive if circumstances ever arise in which you can't communicate, perhaps because of a stroke, or coma.

Per Capita distribution of an estate provides each descendant with an equal share of the estate's assets regardless of the degree of his or her kinship. Children, grandchildren, great-grandchildren, etc., all receive equal shares.

A will contest occurs when someone challenges a will and asks that it be thrown out as invalid. They can only be brought by a person with standing - that means someone with something to gain, such as inheriting a larger share of the deceased's estate, or having a greater voice in managing the deceased's estate property, if the will is found to be invalid and thus will not be admitted to probate.

In most states, revoking a will is pretty straightforward. Generally, you can revoke a will by (1) destroying the old will, (2) creating a new will or (3) making changes to an existing will. In some circumstances, simply giving away all or your property and assets before you die can have the effect of revoking a will (subject to estate tax penalties).

Anyone who may have an interest to gain from the will can challenge a will. The most successful challengers are usually the spouses, and the most successful grounds are that the person lacked testamentary capacity or that the person was unduly influenced or persuaded to write the will a certain way. This article outlines the grounds on which one can challenge a will.

According to basic probate laws, only “interested persons" may challenge a will – and even still only for valid legal reasons. The Probate Code identifies “interested persons” to include children, heirs, devisees, spouses, creditors, or any others having a property right, or claim against, the estate being administered.

If you die without a will, it means you have died “intestate.” When this happens, the intestacy laws of the state where you reside will determine how your property is distributed upon your death. This includes any bank accounts, securities, real estate, and other assets you own at the time of death. Real estate owned in a different state than where you resided will be handled under the intestacy laws of the state where the property is located.

The legal process of transferring of property upon a person's death is known as "probate." Although probate customs and laws have changed over time, the purpose has remained much the same: people formalize their intentions as to the transfer of their property at the time of their death (typically in a will), their property is collected, certain debts are paid from the estate, and the property is distributed.

"Probate" is a legal process that deals with the assets and debts left behind after someone dies. By default, probate is supervised by a court, called the probate court.

The probate process can be long and costly, taking months and sometimes years to resolve. The longer it takes, the more it will cost, leaving potential heirs with less than the deceased may have intended. For these reasons, most people will try to avoid probate in any way possible. This article outlines four general ways to pass on your property and avoid the probate system.

Generally speaking, probate lawyers -- also called estate or trust lawyers -- help executors of the estate (or "administrators," if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts; advise on powers of attorney; or even serve as an executor or administrator.