Probate

State Probate Laws

Each state has its own probate laws and these can vary greatly. Learn here why this matters.

State probate laws vary, so it can make it difficult to know what to expect if you do not live in the same state as a family member who passes away. If you will be going through probate, it is best to consult an attorney in the state of the decedent; wherever the probate hearing will be taking place.

This is an important thing to do because, with the way state probate laws can vary so much, if you get an attorney in your state, he may misinform you of your options and of what will happen. This is particularly true if the probate case will be occurring without a will. Since it then reverts to Intestate Succession (where the state chooses who gets what), your lawyer may not know what to expect when the time comes.

If you set up a will, and you move, it is important to set up a will in the state that you moved to. Depending on where you are moving from or to, you may be able to do this with very little hassle, but it is an important thing to do. Since state probate laws vary so much, you don’t want there to be any basis for a will contest. This is especially true if there are specific people that you have disinherited from your will. Since you know that a contest may be possible, it is important to take all the steps necessary to stay within the new state’s probate laws.

To learn more about your state’s probate laws, contact an estate planning attorney that is located and practicing in the state you need to know about. This will be the most informed source you can find for particular state probate law information.