If there isn't a will, or if the will doesn't name an executor, state law dictates who is in charge in order of priority. Generally, if the person was married at the time of his or her death, the surviving spouse is first in line. If he or she declines, generally the person's children are next in priority, followed by parents, siblings, and so on. If there is more than one person in a particular group, one can serve alone or two or more could serve together. The members of the group can agree on who should be appointed and make that request to the court.

If the person named the executor of a will does not want to serve, he or she can submit a simple, signed document to the court stating that fact. The document is usually submitted to the court by the person asking to be appointed executor.

Generally, anyone who: (1) is the beneficiary of the estate, (2) is an heir of the deceased person who was not named as a beneficiary in the decedent's will, and (3) a beneficiary named in a prior will, can challenge the validity of a will.

Wills are generally challenged by heirs who are excluded from a will or by beneficiaries who receive less than they would be entitled if the will did not exist. For example, if a widow had three children and only named two of them as beneficiaries, the excluded child may consider contesting the will. Or if she named them all as beneficiaries, but did not give all three children equal shares, the child or children who received a smaller portion might consider challenging the will. Also, if there was a prior will that provided for a different distribution of the estate, a beneficiary of the earlier will might consider challenging the validity of the later will.

The fees and costs incurred by the estate for defending against the challenge are paid out of the estate, while those incurred by the person(s) challenging the will are paid by those individuals.

A living trust is an arrangement in which one or more people manage property for your, and someone else's, benefit. It's created during your lifetime. You transfer title to your property from your name as an individual, to you as trustee of the living trust. You can use the trust to ensure your property is managed and distributed as you direct in the document. The trust property can be distributed efficiently after your death to the people and charities you select, without going through the probate process.

If the trust is created by only one person, the trust is distributed or allocated upon that person's death. In many cases, if a living trust is created by spouses, property in a living trust stays in the trust until both spouses pass away. After the death of the sole, or surviving grantor, the successor trustee arranges to pay any remaining bills and taxes, provides any required notice regarding the trust, and then makes any distributions or allocations based on the terms of the trust. Sometimes the trust property is distributed directly to the named beneficiaries. Often, the property remains in the trust for the benefit of the named beneficiaries until the beneficiaries reach the age(s) designated in the trust.

Generally, yes, a person named as the beneficiary of a trust, or a relative of the deceased grantor who would have received a portion of the deceased grantor's estate if the trust did not exist, can challenge the validity of the trust. The time to file the challenge with the court is limited based on state law. The grounds for challenging the trust are similar to those for a last will.

A last will is a document that directs the management and distribution of your property and provides for the care of your minor children after your death. Depending on the value of the property distributed under your last will, it may be necessary to go through the probate process prior to distribution of the property.

Property only goes through probate if it's in the owner's name alone without a designated beneficiary when the owner passes away. For example, if John Smith owned a home as „John Smith, an unmarried man,„ or „John Smith, a married man as his sole and separate property,„ generally, the property would have to go through probate upon John's death. Property that doesn't require probate is property held in trust, in joint tenancy or community property with the right of survivorship. Also if an account has a designated beneficiary, probate is not required. What if a person doesn't own much? Is probate still required? If a person dies owning personal property (not real estate) in his or her name alone worth a total less than a certain amount established by state law, that property can be distributed without going through probate. The threshold amount varies by state and ranges from $50,000 to $150,000. Generally, the property can be distributed if the people entitled to it sign a document spelling out certain facts, and swear that the content is accurate. Then the document is delivered to the people or institutions holding the property, who are required to distribute the property as spelled out in the document.

If a person dies owning personal property (not real estate) in his or her name alone worth a total less than a certain amount established by state law, that property can be distributed without going through probate. The threshold amount varies by state and ranges from $50,000 to $150,000. Generally, the property can be distributed if the people entitled to it sign a document spelling out certain facts, and swear that the content is accurate. Then the document is delivered to the people or institutions holding the property, who are required to distribute the property as spelled out in the document.

Probably not. Estate taxes levied against the amount in the estate, less all appropriate deductions. There are two levels of estate taxes: federal and state. The federal government only taxes estates worth $5,490,000 or more. As of 2017, most states do not tax estates. Those that do are Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Kansas, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Tennessee, Vermont, and Washington. Of those states, only New Jersey taxes estates worth less than $1,000,000.

Many parents name a specific person or people in their will to take care of their minor child if both parents pass away. If it becomes necessary, the nominated guardian would file documentation with the court requesting to be formally appointed.

Generally no. A parent is the natural guardian of his or her child. However, one circumstance in which a guardianship would be required is if the child directly receives assets worth over a certain amount established by state law. The parent would be authorized by the court to serve as the guardian of the minor's estate. This can be avoided by holding the assets in a trust or custodial account for the child's benefit.

Unless the other parent no longer has parental rights, or has consented to the appointment of a different guardian, he or she will almost certainly be the guardian of your minor child upon your passing. However, you can indicate in writing the reasons why you don't believe this would be in the child's best interest and the court will consider it.