Probate

Probate Codes Vary

There can be a big variation in probate codes depending on where you live. Learn how to be informed about the codes in your area and how they can affect you.

You may not realize how much probate codes can vary from jurisdiction to jurisdiction, but they can. While you may not think this variation will affect you, it can. The probate codes that vary may surprise you, too.

For example, in some states, probate codes state that the spouse is entitled to a certain percentage of the estate and that the kids are entitled to a certain portion. This means that, even if you have a will, when your estate goes through probate, those probate codes will reign. If you disinherit your spouse in Oregon, for example, that spouse will still receive 25% of the estate (at minimum). This is because, in Oregon, the probate code states that the spouse cannot be disinherited and that he/she is entitled to at least 25% of the total estate.

In other states, however, the regulations are different. Since these probate codes vary so much, you should find out in advance what the codes are in your state. This way you will be able to adhere to these in your will. It is better to know what the laws are and make decisions based around those than to be misinformed and have your assets distributed in a manner you did not want. Or, you can learn the laws and if you don’t agree with them, you can take the necessary steps to avoid the probate process altogether (such as creating a living trust).