Duhaime's Law Dictionary


Estate Law Definition:

That part of the law which regulates wills, trusts, probate and other subjects related to the management of another's property.

Related Terms: Estate

A term used by the law to describe that part of the law which regulates wills, probate and other subjects related to the distribution of a deceased person’s estate.

Although the term estate is not restricted to the law of property s it relates to the deceased, the term estate law has evolved to refer, primarily, to the law as it relates to:

  • The property of the deceased;
  • Of persons who cannot manage their affairs because of age (child), physical or mental infirmity and who would have their estate extracted from their person and managed separately; or
  • The management of property which is being held beneficially for a person (trusts).

A law firm which professes to specialize in estate law is one who deals mostly with wills, probate and trust cases.

Distinguished from real estate law which focuses on the law as it relates to real property.

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