General probate information. Court orders, local rules, and the facts in the estate file control.
Intestacy law identifies heirs and shares for probate property not controlled by a valid will.
Where this issue sits in administration
- Family structure, adoption, parentage, marriage, divorce, survival, and descendants can change the result.
- Probate establishes authority for estate administration and provides a process for notices, claims, accounting, and distribution.
- Venue usually follows domicile, but real estate in another jurisdiction can create an additional filing or transfer step.
- A will generally directs probate property at death, nominates an executor, and can nominate guardians for minor children.
- A will does not normally control property that passes by survivorship, beneficiary designation, trust ownership, or another contract-based transfer.
Documents for the court and fiduciary file
- marriage, divorce, birth, adoption, death, and family-tree records
- asset-title and beneficiary information separating probate from nonprobate property
- certified death certificates and the original will, if one exists
- a preliminary asset, debt, and contact inventory
- the signed original will and every codicil
- a list of assets showing title and beneficiary designations
Decision points before money moves
- Who qualifies as an heir under the relevant state's law?
- Is there a valid will, later writing, or nonprobate transfer affecting the asset?
- Which court or local office has venue?
- Is formal administration required for each asset?
- Which assets would actually be controlled by the will?
- What execution rules apply in the signing state?
Risks to pause on
- Family assumptions about who is 'next of kin' may not match statutory shares or required notice recipients.
- Moving or distributing property before authority and claims are checked can expose the person acting to personal risk.
- Treating a draft, photocopy, or unsigned file as the operative original can create avoidable probate disputes.