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Last reviewed March 2023
Individuals who are making plans related to end-of-life decisions, providing assistance to adults or minors in need of care, or making other life changes may need to complete and file a number of estate planning or probate forms in court. Some of the most common areas in which people may seek out forms of this nature include those related to advance directives, guardianships, and name changes.
Wills Legal Forms: 50-State Survey
Most people want to decide who gets their property when they pass away, even if they do not have significant assets. The main way to achieve this goal is to create a will that describes how property will be distributed among people or entities, known as beneficiaries. Once a person who makes a will (the testator) passes away, their will usually goes through a process known as probate, during which their assets are distributed to beneficiaries. If a person does not create a will, their property will be distributed through the default rules of intestate succession. These allocate fixed shares of an estate to surviving relatives in a hierarchy of priority, starting with a surviving spouse and children.
Advance Directives Legal Forms: 50-State Survey
An important component of estate planning is drafting an advance directive, or setting forth your health care wishes in the event that you become ill, incapacitated, or otherwise unable to communicate your medical treatment preferences to a doctor. The rules for how to prepare advance directive documents such as living wills and health care powers of attorney vary depending on where you live, but in each state there are forms you can use to memorialize your instructions in a legally binding manner.
Guardianship Legal Forms: 50-State Survey
Sometimes when an adult is unable to care for or make decisions for themselves due to incapacity or disability, it may be appropriate to appoint a guardian to act on their behalf. In other situations, minors whose parents are deceased or otherwise unable to care for them may need a guardian. Each state has its own forms and processes for establishing guardianships (as well as conservatorships, where applicable).
Name Change Legal Forms: 50-State Survey
Adults and minors can seek name changes in every state, usually by filing forms with their local probate, family, or superior court. While each jurisdiction has its own rules, some common requirements apply in most places as described below. Note that this page does not address name changes associated with marriage or divorce, as name changes in those contexts can generally take place in a fairly streamlined manner as part of those legal processes or by completing some related paperwork.
These resources contain an overview of some of the main rules and requirements on these topics, as well as links to the forms you may need to file if you are seeking to make plans or changes regarding any of these legal issues.
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