Planning for incapacity and death, and administering an estate after someone passes away.
Estate planning covers the documents that control what happens to your property and who makes decisions for you if you become incapacitated or pass away: wills, trusts, powers of attorney, and healthcare directives. Probate is the court-supervised process of administering a deceased person's estate — validating a will (if one exists), paying debts, and distributing remaining assets to heirs or beneficiaries. Whether probate is required, and how long it takes, depends heavily on how the person's assets were titled and the size of the estate.
Retirement accounts, life insurance, and jointly-titled property often pass outside of probate directly to a named beneficiary or co-owner, regardless of what a will says.
At minimum this typically includes a will, a durable power of attorney for finances, and an advance healthcare directive.
A properly funded revocable living trust can allow assets to pass to heirs without going through probate court at all, and is often used for larger or more complex estates.
The named executor (or an appointed administrator if there is no will) files the will and a petition with the local probate court.
The estate must satisfy legitimate debts and taxes before any remaining assets are distributed to heirs or beneficiaries.
Once debts, taxes, and administrative costs are settled, the executor distributes what remains according to the will or the state's intestate succession law.
Their property passes according to the state's intestate succession statute, which sets a fixed order of priority among a spouse, children, parents, and other relatives — a formula that may not match what the person would have actually wanted.
No. Assets with a named beneficiary (like retirement accounts and life insurance), property held in a funded trust, and jointly-owned property with rights of survivorship typically pass outside of probate.
Simple, uncontested estates can sometimes close within several months, especially if the state offers a simplified small-estate process; larger or contested estates can take well over a year.
Typically someone trustworthy, organized, and willing to handle paperwork, court filings, and communication with beneficiaries — this does not need to be a family member, and many people name a spouse, adult child, or trusted friend.
Trusts avoid probate and can offer more privacy and control, but involve more upfront cost and require actively re-titling assets into the trust's name; a will alone is often sufficient for simpler estates. Many complete plans use both together.
Select your state for deadlines, fault rules, court information, and a full walkthrough specific to where you live.
Compensation for physical, emotional, and financial harm caused by another party's negligence.
Recovering damages after a motor vehicle collision, from fender-benders to catastrophic crashes.
Ending a marriage and resolving property, support, and parenting arrangements that follow.
Establishing legal and physical custody, visitation, and parenting time arrangements.