In a will, a person expresses, in writing, what he/she wants done with his property after he dies. Most states require wills to be signed by the testator and witnessed by two people. "Probate" is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased person or "decedent" to his heirs. Probate proceedings take place in the probate court or surrogate court in the county of the decedent's legal residence at the time of his death. If a person dies "intestate," meaning "without a will,"
Trusts and estates is the name given to the branch of civil law that covers decedents' estates and probate; wills and intestacy; estates and future interests in property; trusts, gifts, and powers; annuities; and charitable bequests. Probate covers admission of a will to probate and the subsequent proceedings, including the appointment and duties of a personal representative, procedures in probate, and ancillary proceedings. Intestacy, on the other hand, refers to the general rules governing the disposition of the property of someone who dies intestate, i.e., without a will, or who leaves a will that fails to dispose of all assets.
If you or a loved one are in need of assistance with your estate planning needs, please contact Stuart T. Edelstein at 312-445-9072 so we can help.