Probate | WillsandTrustsLawFirms.com

Ordering Certified Death Certificates

If you’re the executor or administrator of an estate, you’re going to need copies of the deceased person’s death certificate.

Transferring Joint Tenancy Real Estate

Many people, especially couples, own their homes or other real estate in “joint tenancy.” Holding title this way is often a good idea, because it ...

Transferring Joint Tenancy Vehicles

If a vehicle is held in joint tenancy, then when one co-owner files, it’s quick and easy to get title in the survivor’s name alone.

Bank Accounts

As with any kind of asset owned by the deceased person, how you deal with bank accounts depends on how the person owned them.

Real Estate

If the estate you’re dealing with contains real estate, it’s probably the most valuable single asset in the estate—and surviving family members ...

How Transfer-on-Death Beneficiaries Can Claim Vehicles

In some states, vehicle owners can register their cars and boats in transfer-on-death (TOD) form. After the owner’s death, no probate court proceedi...

Who Gets the Season Tickets?

If the deceased person owned season tickets or seat licenses for a favorite sports team, you may get some not-so-subtle inquiries from surviving famil...

Transferring U.S. Savings Bonds After Death

Savings bonds can be transferred to new owners without probate if they were jointly owned or if the owner named a payable-on-death (POD) beneficiary t...

Oregon Estate Tax

Oregon imposes its own estate tax on estates that have a total value of more than $1 million.

Hawaii Estate Tax

Hawaii imposes its own estate tax on estates that have a total value of more than $3.5 million.

Massachusetts Estate Tax

Massachusetts imposes its own estate tax on estates that have a total value of more than $1 million.

Mortgages on Inherited Real Estate

If someone inherits real estate, do they also inherit the mortgage?

Maryland Estate Tax

Even if the estate you’re handling doesn’t owe federal estate tax, it might still owe Maryland a separate estate tax. For 2011 deaths, estates wit...

Investing Trust Assets: Being a Prudent Investor

If you’re the trustee of an ongoing trust, then a big part of your responsibilities will be investing trust assets. Don’t worry—you have to be...

Trusts for Children

It’s common for parents or grandparents to set up a trust for children, in case they inherit property while they’re still young.

District of Columbia Estate Tax

Even if the estate you’re handling isn’t large enough to owe federal estate tax, it might need to file a separate District of Columbia estate tax ...

Delaware Estate Tax

Even if the estate you’re handling isn’t large enough to owe federal estate tax, it might need to file a separate Delaware estate tax return.

North Carolina Estate Tax

If the estate you’re handling is large enough to owe federal estate tax, it will probably need to pay a separate North Carolina estate tax as well.

Connecticut Estate Tax

An estate that isn’t large enough to owe federal estate tax might still need to pay a separate Connecticut estate tax. For deaths in 2011, estates...

Vermont Estate Tax

Even if the estate you’re handling isn’t large enough to owe federal estate tax, it might need to pay a separate Vermont estate tax.

Ohio Estate Tax

Even if the estate you’re handling isn’t large enough to owe federal estate tax, it might well owe Ohio a separate estate tax.

New Jersey Estate Tax

Even if the estate you’re handling doesn’t owe federal estate tax, it might well owe New Jersey a separate estate tax.

Rhode Island Estate Tax

Many Rhode Island estates that aren’t large enough to owe federal estate tax may still owe an estate tax to Rhode Island.

New York Estate Tax

Some New York estates that aren’t large enough to owe federal estate tax may still owe an estate tax to the Empire State.

Illinois Estate Tax

Even if an estate isn't big enough to owe federal estate tax, it might still owe a separate Illinois estate tax. Here are the rules.

Capital Gains Tax on Inherited Assets

With a few exceptions, beneficiaries do not have to pay income tax on property they inherit. But if they inherit an asset and later sell it, they may ...

Income Tax on Inherited Money

The good news for people who inherit money or other property is that they don't have to pay income tax on it. This comes as a happy surprise to many i...

Terminating a Simple Living Trust

If you’re the successor trustee of a simple, probate-avoidance trust, you'll probably be ready to close the trust within a few months after assumin...

Transferring Real Estate to a Trust Beneficiary

When you’re ready to transfer trust real estate to the beneficiary who is named in the trust document to receive it, you’ll need to prepare, sign,...

Notifying Beneficiaries About the Trust

Trustees have a legal duty to keep the beneficiaries of a trust informed about how the trust assets are being managed.

What's in the Trust?

As trustee, you have authority over assets held in the trust—so one of your first jobs as trustee is to figure out just which assets those are. Only...

Michael Jackson's Will

LAST WILL OF MICHAEL JOSEPH JACKSON I, MICHAEL JOSEPH JACKSON, a resident of the State of California, declare this to be my last Will, and ...

Ancillary Probate

Ask any probate lawyer, and they’ll tell you that the only thing worse than regular probate is ancillary probate—that is, a second probate proceed...

Getting Assets Appraised

You’ll need date-of-death values for all the property in an estate or trust, even if only one person inherits everything.

Filing the Will

After you find the will, then what? You actually shouldn’t hang on to the will very long; instead, promptly file it with the local court.

Working With a Probate Lawyer

Most people don’t hire a lawyer very many times in their lives. And even if you’ve gone to a lawyer for a business matter, real estate transaction...

Probate Lawyer Fees

One of the reasons that many people find hiring a lawyer intimidating is that there’s no price tag in sight. But the process doesn’t have to be so...

Choosing a Probate Lawyer

It’s a good idea to spend some time interviewing a few lawyers before you settle on one to help you in your job as executor.

Working With the Probate Court

If you decide to handle the probate court proceeding entirely on your own—or you’re hiring a lawyer only for advice and coaching as necessary—yo...

Does Every Executor Need a Lawyer?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who’s familiar with ...

Using Summary Probate: An Overview

Simplified or “summary” probate proceedings for small estates are just what they sound like: a simpler version of regular probate. If you’re an ...

Claiming Inherited Property With Affidavits

In many states, if the total value of property left by a deceased person is under a certain amount, the people who inherit that property can claim it ...

Is Probate Necessary?

Not all estates need to go through probate. To determine whether or not you’ll have to conduct a probate court proceeding for the estate you’re ad...

How to Proceed When There's No Will

Lots of people don’t write wills—so when it’s time to settle their estates, who should step in to manage things, and who inherits the property...

New Jersey Inheritance Tax

New Jersey has both an inheritance tax and an estate tax. The inheritance tax is imposed on the transfer of property to certain people who aren’t c...

Nebraska Inheritance Tax

Nebraska imposes an inheritance tax on property transferred from deceased Nebraska residents or from nonresidents who owned property in the state. T...

Maryland Inheritance Tax

Maryland imposes an inheritance tax on the transfer of inherited property to certain recipients. Close relatives and charities are exempt from the t...

Kentucky Inheritance Tax

Kentucky is one of the few states that impose an inheritance tax on certain people who inherit money or other property. The tax is based on how closel...

Indiana Inheritance Tax

Indiana imposes a tax on certain people who inherit money or other property when someone dies. It doesn’t matter how large the entire estate is; the...

Iowa Inheritance Tax

In Iowa, people who inherit money or other property may owe state inheritance tax. The tax is based on how closely the inheritor and deceased person w...

An Estate Tax Break for Spouses: The "Portability" Provision

For deaths in 2011 and 2012, a surviving spouse can get a big federal estate tax break. If the deceased spouse didn’t use up his or her individual ...

Special Federal Estate Tax Rules for 2010 Deaths

If you’re dealing with the estate of someone who died in 2010, special federal estate tax laws apply.

Paying Estate Debts

One of the executor’s most important jobs is to pay the legitimate debts of the deceased person and the estate, using estate assets.

The Executor's Personal Liability for Debts

When bills start coming in after a death, the executor may worry about being personally on the hook for the deceased person’s debts. But in most sit...

Probate Shortcuts for Cars and Boats

Many states offer useful shortcuts when it comes to transferring vehicles to the people who inherit them.

Opening an Estate Bank Account

Once you have been appointed executor by the probate court, you’ll probably want to open a bank account in the name of the estate.

Managing Estate Property

As executor, it’s your job to keep estate assets safe until you turn them over to the people who inherit them. Here are tips on how to meet this res...

Defining ‘Children’ in a Will

Many wills contain provisions that leave property to "my children.” It’s may be perfectly clear to the person who’s writing the will, but this k...

Going Through the Deceased Person’s Files

A key part of the executor’s job is to collect and safeguard all the property in the estate—including both physical objects and intangible assets ...

Estimating the Value of Inherited Real Estate

If you’re handling an estate that contains a house or other real estate, you’ll need to know what it’s worth,

Gifts to Groups: When One Member Has Died

Generally, if a member of a group dies before the will-maker does, the property goes to the surviving members of the group, unless the will provides o...

When a Will Beneficiary Has Died

If you’re dealing with a will that leaves property to someone who died before (or very soon after) the will-maker did, you must figure out who inher...

The Effect of Divorce on a Will

If someone wrote a will, and later got divorced but didn’t make a new will, it can drastically change the person’s estate plan in ways that may no...

Finding the Will

As executor, one of your first jobs is to find the deceased person’s will, if there is one.

Tasks During the First Few Days After a Death

There’s a lot for the executor to do in the first few days after a loved one’s death. Dealing with all these details at the same time you’re c...

Checklist for Executors

If you’re named as an executor, this checklist may come in handy.

Tax Returns the Executor May Need to File

Taxes are a big part of an executor’s responsibilities—and may seem like the most intimidating part. The good news is that you probably won’t be...

Legal Restrictions on Who Can Serve as an Executor

Every state imposes its own rules about who may serve as an executor (personal representative) of an estate that’s probated in the state’s courts.

Filing the Deceased Person's Final Income Tax Return

It’s the executor’s job to file the deceased person’s state and federal final income tax returns for the year of death.

Communicating With Beneficiaries

When you’re serving as executor, the single best way to avoid problems with beneficiaries is to keep them informed about the process and make your a...

How to Read a Will

Many wills are full of legal jargon. Fortunately, once you understand the terms, they’re not that complicated. Here’s what to look for when you’...

Common Terms Found in Wills

Wills are often written with lots of legal jargon, making them hard to interpret. Here are some of the terms you may run across as you read the will.

Is the Will Valid?

One of the executor’s first jobs is to find the will, if any, left by the deceased person. That may be quite a challenge in itself. But once you�...

Witnesses to a Will

Unlike other legal documents, a will generally isn’t valid unless two adult witnesses watch the will-maker sign it. The witnesses must know that the...

Accepting Payment for Serving as an Executor

Being a conscientious executor takes a lot of time and effort. Should you get paid for taking on the job?

Making the Executor's Job Easier

If someone asks you to be an executor, you can make your job much easier if you can get the will-maker to do some preparation now.

Should You Serve as an Executor?

Taking on the job of executor is a big responsibility-but it’s something that anyone with average financial knowledge can do. Mostly, you need to be...

Probate Process in Pennsylvania

Whether or not your loved one left a will with instructions on what to do upon his or her passing, his or her estate will probably need to go throug...

Avoiding Probate

For those of you that are unfamiliar with probate, it’s necessary that you educate yourself in case you are ever faced with the task of dealing with...

What Is Considered Probate Property?

Almost every person leaves behind some assets that don’t need to go through probate. So even if you do conduct a probate court proceeding for the es...

Probate: An Overview

Probate is the court-supervised process of gathering the deceased person’s assets, paying debts and taxes, and distributing what’s left to inherit...

Probate in Uniform Probate Code (UPC) States

Some states have adopted the Uniform Probate Code (UPC), a set of laws written by national experts with the goals of making the probate process simple...