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In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. For the devolution of property not disposed of by will, see inheritance and intestacy. In the strictest sense, "will" is a general term, while "testament" applies only to dispositions of personal property (this distinction is seldom observed). A will is also used as the instrument in a trust. (article compliments of Wikipedia)

In some states, after a person residing in that state has died without a valid will or trust, his or her property immediately becomes the property of the spouse, if any, without the need for probate. (This is the case in states that recognize a married couple's property as community property or as tenancy by the entireties.) However, in cases where the surviving spouse does not automatically succeed to the decedent's property, then it is usually necessary to "probate the estate", whether or not the decedent had a valid will. A court having jurisdiction of the decedent's estate (often called a "probate court") supervises probate, in order to ensure the decedent's property is distributed according to the direction of his will and the laws of the state.

The will usually names an executor, a person tasked with carrying out the instructions laid out in the will. The executor's most common task is the marshalling of the decedent's assets throughout the probate process. If there is no will, or if the will does not name an executor, then the probate or other court having jurisdiction of the decedent's estate can appoint one. Traditionally, the representative of an intestate estate is called an administrator. The representative of a testate estate who is someone other than the executor named in the will is an administrator with the will annexed, or administrator c.t.a. (from the Latin cum testamento annexo.) (this article compliments of Wikipedia)

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Wills And Probate News

Orange County Calendar (Los Angeles Times)
TODAY Lecture: Larry Maurer speaks about "The Music of World War II." 1 p.m. $7-$9. Bowers Museum, 2002 N. Main St., Santa Ana. (714) 567-3600 or www.bowers.org

Holland Uses Holistic Law To Solve Problems Peacefully (The Memphis Daily News)
Maureen T. Holland, member and owner of Holland & Associates PLLC, has been practicing holistic law since 2000.She practices mostly in employment law,....

North Bulletin Board (Pittsburgh Post-Gazette)
Cranberry -- Butler County Community College will host the annual graphic design tea, portfolio and art show from 6 to 8:30 p.m. tomorrow ...

Dividing assets 'simpler' with a will (The New Straits Times)
KUALA LUMPUR: Only one per cent of Malaysian Muslims have a will, while the remaining 99 per cent are unaware that they can bequeath their assets. "Out of the estimated 12 million Muslims in the country, 99 per cent do not have a will.

Judge adjusts to challenges (Mobile Press-Register)
BREWTON After 17 years as executive director of the Atmore Area Chamber of Commerce, Emilie Mims set her sights on a different kind of challenge. Mims, appointed Escambia County probate judge last month, said she got her wish along with a new job that sparks a range of emotions.


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