State Laws: Estates & Probate
Download article as a PDFIn one form or another, all 50 states and the District of Columbia have enacted laws governing most aspects of estate planning and probate -- legal validity of wills, creation of trusts, the probate process, and more. These laws can fall under various names, often as collections of laws called "codes." The different estate and probate codes that can be found from state to state include "Decedents' Estates," "Trust and Fiduciaries," "Estate Administration," and the "Uniform Probate Code."
In the table below, you will find links and citations to estate and probate laws for all 50 states and the District of Columbia.
[Note on the "Uniform Probate Code": As shown on the chart below, a number of states have adopted the Uniform Probate Code. The Code represents an all-inclusive standard meant to simplify understanding of the probate process, and to encourage similarity of laws among different states. It has been adopted, in whole or in part, by about 20 states.]
| Alabama | Title 43 Chapter 2 Administration of Estates Title 43 Chapter 8 Probate Code |
| Alaska | Title 13 Decedents' Estates, Guardianships, Transfers and Trusts Title 13 Chapter 16 Probate of Wills and Administration |
| Arizona | Title 14 Trusts, Estates and Protective Proceedings |
| Arkansas | Title 28 Wills, Estates and Fiduciary Relationships |
| California | California Probate Code |
| Colorado | Title 15 Probate, Trusts and Fiduciaries |
| Connecticut | Title 45 Probate Courts and Procedure |
| Delaware | Title 12 Decedents' Estates and Fiduciary Relations |
| District of Columbia | Division III Title 18 Wills Division III Title 19 Descent Distribution and Trusts Division III Title 20 Probate and Administration of Decedents' Estates |
| Florida | Title XLII Estates and Trusts |
| Georgia | Title 53 Wills, Trusts, and Administration of Estates |
| Hawaii | Title 30A Uniform Probate Code |
| Idaho | Title 15 Uniform Probate Code |
| Illinois | Chapter 755 Estates Chapter 760 Trusts and Fiduciaries |
| Indiana | Title 29 Probate Title 30 Trusts and Fiduciaries |
| Iowa | Title XV Chapter 633 Probate Code Title XV Chapter 634 Private Foundations and Charitable Trusts Title XV Chapter 635 Administration of Small Estates Title XV Chapter 636 Sureties-Fiduciaries-Trusts-Investments |
| Kansas | Chapter 59 Probate Code |
| Kentucky | Chapter 140 Inheritance and Estate Taxes Chapter 386 Administration of Trusts - Investments Chapter 391 Descent and Distribution Chapter 394 Wills Chapter 395 Personal Representatives Chapter 396 Claims Against Decedents' Estates |
| Louisiana | Book III, Title I Of Successions Uniform Probate Law |
| Maine | Title 18 Decedents' Estates and Fiduciary Relations Title 18A Probate Code |
| Maryland | Titles 1 to16 Estates and Trusts |
| Massachusetts | MGL Part II, Title II Descent and Distribution, Wills, Estates |
| Michigan | Chapters 701 to 713 Probate Code |
| Minnesota | Chapters 524-532 Estates of Decedents; Guardianships |
| Mississippi | Title 91 Trusts and Estates |
| Missouri | Title XXXI, Chapters 456-475 Trusts and Estates of Decedents |
| Montana | Title 72 Estates, Trusts and Fiduciary Relationships |
| Nebraska | Chapter 30 Decedents' Estates; Protection of Persons and Property |
| Nevada | Title 12 Wills and Estates of Deceased Persons Title 13 Guardianships; Conservatorships; Trusts |
| New Hampshire | Title LVI Probate Courts and Decedents' Estates |
| New Jersey | Titles 3A and 3B Administration of Estates -- Decedents and Others |
| New Mexico | Chapter 45 Uniform Probate Code Chapter 46 Fiduciaries and Trusts |
| New York | Chapter 17-B Estates, Powers and Trusts |
| North Carolina | Chapter 41 Estates Chapter 47 Probate and Registration |
| North Dakota | Title 30.1 Uniform Probate Code |
| Ohio | Title XXI Courts - Probate - Juvenile |
| Oklahoma | Title 58 Probate Procedure Title 84 Wills and Succession |
| Oregon | Chapter 111 Probate Law Chapter 112 Intestate Succession and Wills Chapter 113 Initiation of Estate Proceedings Chapter 114 Administration of Estates Chapter 115 Claims, Actions, and Suits Against Estates |
| Pennsylvania | Title 20 Decedents, Estates and Fiduciaries |
| Rhode Island | Title 33 Probate Practice and Procedure |
| South Dakota | Title 29A Uniform Probate Code Title 55 Fiduciaries and Trusts |
| South Carolina | Title 21 Estates, Trusts, Guardians and Fiduciaries Title 62 Probate Code |
| Tennessee | Title 30 Administration of Estates Title 31 Descent and Distribution Title 32 Wills Title 35 Fiduciaries and Trust Estates |
| Texas | Texas Probate Code Texas Probate Code Chapter V Estates of Decedents Texas Probate Code Chapter IV Execution and Revocation of Wills Texas Probate Code Chapter XIII Guardianship |
| Utah | Title 22 Fiduciaries and Trusts Title 75 Uniform Probate Code |
| Vermont | Title 14 Decedents' Estates and Fiduciary Relations |
| Virginia | Title 64.1 Wills and Decedents' Estates |
| Washington | Title 11 Probate and Trust Law |
| West Virginia | Chapter 41 Wills Chapter 42 Descent and Distribution Chapter 44 Administration of Estates and Trusts |
| Wisconsin | Chapter 701 Trusts Chapter 853 Wills Chapters 851 to 882 Probate |
| Wyoming | Title 2 Wills, Decedents' Estates and Probate Code Title 2 Chapter 2 Probate Court Title 2 Chapter 6 Wills Title 2 Chapter 7 Administration of Estates |
Next Steps
Help Me Find a Do-It-Yourself Solution