Check Your Understanding Answers
- Define a will.
A will, or more properly a last will and testament is a legal instrument for the voluntary transfer of real and personal property after the owner's death.
- Explain a nuncupative will.
A nuncupative will is typically made orally on a testator’s deathbed and written down by a witness. California almost never recognizes nuncupative wills as valid for the transfer of real property.
- What does a probate proceeding do?
- Validates the will, if one exists
- Identifies and settles all claims and outstanding debts against the estate
- Distributes the remainder of the estate to the rightful heirs
- What happens if a person dies intestate?
If there are heirs, the estate will pass to them according to title by descent or the state’s laws of succession. If there are no heirs, the estate will go to the state or county after all claims and debts have been settled.
