Estate Cases
Definition of Estate Cases
Note: See a more comprehensive approach to the Estate Cases legal concept in the American Law Encyclopedia
Disputes over the succession of real and personal property. An estate, in a broad sense, is property owned by a person. This property may be real or personal. Real property is land and anything like a building on it. Personal property, on the other hand, includes items that can be moved or carried. Civil disputes arise over property in a number of ways, but one of the most common is when someone dies. The question is what becomes of the estate of the deceased. This issue is addressed by the law of succession. Generally, a person will be allowed to convey an estate in any way he or she wishes. This is normally done under terms of a will. Even with a will, however, challenges may arise surrounding the competence of the deceased to convey the estate in the manner chosen. Close relatives who have been disinherited are the most likely to contest a will. Conflicts are far more likely when a person dies without a will, or intestate. In these situations, the estate is distributed to heirs under terms of state succession law. If succession is contested, probate proceedings resemble the fact-finding found in other civil trials. Otherwise, estate matters are handled in a largely administrative, almost clerical fashion by probate courts.
See Also
Probate Court (Law of the United States).
Resources
Estate Cases Related Resources
- Estate Cases in the United States Legal Encyclopedia
- Civil Judicial Process Keywords in the United States Legal Encyclopedia
- Civil Process Keywords in the International Legal Dictionary
Notes
- “Estate Cases”, The American Law Dictionary, 1991, California
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