• Are LegalZoom Last Wills state-specific?
  

  Are LegalZoom Last Wills state-specific?

  Yes. Our team of experienced attorneys have designed the LegalZoom Last Will to meet the specific laws and requirements of each U.S. state.

  
• What makes a Will legally binding?
  

  What makes a Will legally binding?

  Last Wills will be not admitted by a court unless the following criteria are met:

  • You must be of sound mind.
  • You must be acting of your own free will without undue influence or duress from others.
  • The will must be signed and witnessed according to the applicable laws of your state.

  
• What happens if I pass away without a will?
  

  What happens if I pass away without a will?

  If you do not make a last will, state law will determine who gets your property. This process is called "intestate succession." In most states, your property would first be divided between your spouse and your children. If you are not married and have no children, your property would be distributed to your closest living relatives. If the administrator of your estate cannot find a living relative entitled to your property under the law, the property would go to the state.

  
• What is probate?
  

  What is probate?

  Probate is the legal process through which the court decides how an estate will be divided. The court will look to your last will to decide how to distribute your property and will follow the will, unless it is successfully contested by your heirs.

  Generally, if an estate includes real property, a formal probate action is required. However, in many states, if the estate is of minimal value or consists solely of personal property, probate is not required and other legal remedies are available.

  

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