Probate law governs the legal process of transferring of property upon a person's death.

Individuals may formalize their intentions concerning the transfer of their property at the time of their death. These intentions are normally stated in a will. At the time of their death, their property is collected, certain debts are paid from the estate, and the property is distributed.

The distribution of the deceased’s estate is done through the probate process. This is a court-supervised process that is designed to sort out the transfer of a person's property at death. The probate process may be contested or uncontested.

A person may control the distribution of their property during their lives or after their deaths through the use of a trust. There are many types of trusts and many purposes for forming them. A trust may be created for the financial benefit of the person creating the trust, a surviving spouse or minor children, or a charitable purpose. A variety of trusts are permitted by law. Trust arrangements that are attempts to evade creditors or lawful responsibilities will be declared void by the courts.