State Laws: Estates & Probate
In one form or another, all 50 states and the District of Columbia have enacted laws governing most aspects of estate planning and probate. This includes matters such as the 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. See FindLaw's extensive Estate Planning section for additional articles and resources.
[Note on the "Uniform Probate Code" (PDF): 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 |
| Alaska | Title 13 Decedents' Estates, Guardianships, Transfers and Trusts |
| Arizona | Title 14 Trusts, Estates and Protective Proceedings |
| Arkansas | Title 28 Wills, Estates and Fiduciary Relationships |
| California | |
| 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 |
| 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 |
| Indiana | |
| Iowa | Title XV Chapter 633 Probate Code |
| Kansas | Chapter 59 Probate Code |
| Kentucky | Chapter 140 Inheritance and Estate Taxes |
| Louisiana | Book III, Title I Of Successions |
| Maine | Title 18 Decedents' Estates and Fiduciary Relations |
| Maryland | Titles 1 to 16 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 |
| 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 |
| North Dakota | Title 30.1 Uniform Probate Code |
| Ohio | Title XXI Courts - Probate - Juvenile |
| Oklahoma | |
| Oregon | Chapter 111 Probate Law |
| Pennsylvania | Title 20 Decedents, Estates and Fiduciaries |
| Rhode Island | Title 33 Probate Practice and Procedure |
| South Dakota | Title 29A Uniform Probate Code |
| South Carolina | Title 21 Estates, Trusts, Guardians and Fiduciaries |
| Tennessee | Title 30 Administration of Estates |
| Texas | |
| Utah | Title 22 Fiduciaries and Trusts |
| Vermont | Title 14 Decedents' Estates and Fiduciary Relations |
| Virginia | Title 64.2 Wills and Decedents' Estates |
| Washington | Title 11 Probate and Trust Law |
| West Virginia | Chapter 41 Wills |
| Wisconsin | Chapter 701 Trusts |
| Wyoming | Title 2 Wills, Decedents' Estates and Probate Code |
Get Legal Help with State Estate and Probate Laws
As you can see, each state has its own estate and probate laws. Contact a local estate planning attorney who can help you plan your estate in conformity with your state's estate and probate laws.
Next Steps
Contact a qualified estate planning attorney to help you ensure that your loved ones are cared for and your wishes are honored.