Money & Debt

If a person dies with a will, the person died testate. The person who died is called the decedent. During a probate case, the decedent's property is given out based on what the will says.

The executor is the person named in the will who is in charge of distributing the decedent's property. The court must also officially appoint the person during the probate proceeding.

The people or groups who get property or money from the will are called beneficiaries or legatees.

The original will must be filed in the county where the decedent lived when they died. Whether or not "probate," the court process to distribute a decedent's estate, is required depends on a number of factors. These factors include:

• The amount of money in the estate, 
• Whether there is real property in the estate, such as a house or condo, 
• Whether the final bills will be paid, and 
• Whether anyone will be fighting over the estate or "contesting" the will. 

Sometimes the person is in a hospital or nursing home when they die. If the person's house is in a different county than the hospital or nursing home, the will should be filed in the county where their house that was their primary place of residence is located.

If the deceased's spouse and children are not named in the will, the spouse still gets a certain amount of the estate. This is true even if the spouses were separated for many years. The children may also receive something from the estate. The age of the children doesn't matter, as long as they were financially dependent on the person who died.