Probate law in the U.S. varies significantly in each state. A number of states have adopted the "Uniform Probate Code". However, they have each modified it - sometimes extensively. This means there is no single set of laws that applies in all locations. Some probate cases are simple and the executor (the personal administrator handling the will) may not need legal assistance to figure out what to do. One point of law that an executor does need to know is who should receive notice of the probate proceedings and what the deadline is for sending these notices. The regulations for recordkeeping are also important.

If there are special circumstances, a probate attorney should be consulted. For example, if a person is missing for a specific number of years is he/she considered dead? The answer might be yes as long as a diligent search has been made to locate the individual. In some cases, a jury trial may be used to decide the outcome of probate proceedings and a probate litigator will need to be involved. Every state also has a statute of limitations for filing a suit against someone accused of fraud in handling an estate. If there is no will (or if the testator omitted a spouse from inheriting) each state has rules about who gets what.