Estate

• Basically, an estate consists of what you own, in part or whole. When referring to the property of a deceased person, the estate consists of everything that person owned prior to it being distributed according to the decedent's will.
  
  

Heirs

• An heir is someone who either inherits or is entitled by law to receive the estate of another. This could be a lineal descendant (e.g., a son, daughter, grandchild, etc.). It could also be a collateral heir (e.g., a sibling, cousin, etc.).
  
  

Probate

• The laws on liquidating and distributing a decedent's estate vary from state to state. However, one thing that is held in common among states is a probate process. Probate is the process by which a deceased person's possessions, property and other assets are legally transferred to the beneficiaries (heirs) of the decedent's will. This process includes gathering and accounting for the assets; paying off the decedent's debts, creditors and taxes and distributing the remainder to the heirs. The length of time and the extent of involvement vary based on individual state laws.
  
  To simplify this process, many states have adopted the Uniform Probate Code (UPC). The UPC specifies the rights of the surviving spouse when there is no will. As of 2011, 16 states have adopted the UPC in its entirety.
  
  

Distribution

• When there is a will, the decedent's wishes are specifically followed in most cases. However, there are some caveats to that. A surviving spouse may have rights to inheritance despite what the decedent's will states. First, you must determine whether the state of habitation is a common-law state or community-property state. If the state is community property, the law looks at the property acquired during the marriage. These states specifically exclude certain items that were acquired before the marriage union. Essentially, a deceased spouse cannot give away the surviving spouse's portion in his or her will. Common-law states determine property ownership based on which spouse's name is on the title or which spouse's income purchased the property. In cases where one spouse owns everything, there is a process of appeals for the surviving spouse, depending on the state.
  
  Children and grandchildren do not have legal rights to inherit the decedent's property. The law does protect children somewhat, though, when it is clear that the will accidentally omitted the child (e.g., the will was written prior to the child's birth). Grandchildren may have some rights as well if their parent (the child included in the will) has passed away. Those specifically disinherited have no retribution.