Law is the crystallization of the habit and thought of society.
—Woodrow Wilson （28th President of the United States）
继承是人死后，由其配偶或一定亲属，全部或限定地承继其拥有的身份或财产。继承人之资格和继承的标的依时空环境的不同而有所演变，原则上现代国家均以“配偶和血亲全部地继承被继承人之财产（遗产）”为原则。
继承法是美国法中比较发达的一部分。规定有严格的遗产管理制度：动产在分配给继承人以前，必须交由遗产管理人管理；不动产在理论上可直接移交继承人，但实际上也经过一段管理。管理人的指定、权限和报酬等都有详细规定。不动产的继承依财产所在地法，动产的继承依被继承人最后住所地法，因而遗产处理往往涉及不同州的法律。对于法定继承的顺序和份额，有些州作了明确的规定。不少州还规定从遗产中给配偶和子女保留住房或一笔最低限度的抚养金，不在清偿遗产债务之列。遗嘱继承的程序较为严格，多数州规定需有三人见证，本人签字，经法院登记才有效。配偶间的财产有单独财产、共同财产和合营财产之别，各州法律规定不尽相同，在继承时往往发生复杂的法律问题。
遗嘱是指遗嘱人生前在法律允许的范围内，按照法律规定的方式对其遗产所作的分配，并在遗嘱人死亡后发生效力的法律行为。生前未立遗嘱的人，死后其财产将按法律规定进行分配。遗嘱人必须具备遗嘱能力，即达到法定年龄、神智健康才能立有效遗嘱。遗嘱制定后，遗嘱人可以变更或撤销。
Will Law
A will or testament is a legal declaration by which a person， the testator， names one or more persons to manage his estate and provides for the transfer of his property at death. In the strictest sense， a“will”has historically been limited to real property while“testament”applies only to dispositions of personal property （ thus giving rise to the popular title of the document as“Last Will and Testament”） ， though this distinction is seldom observed today. A will may also create a testamentary trust that is effective only after the death of the testator.
Requirements for creation
Any person over the age of majority and of sound mind can draft his or her own will without the aid of an attorney. Additional requirements may vary， depending on the jurisdiction， but generally include the following requirements：
1. The testator must clearly identify himself or herself as the maker of the will， and that a will is being made； this is commonly called“publication”of the will， and is typically satisfied by the words“last will and testament”on the face of the document.
2. The testator must declare that he or she revokes all previous wills and codicils. Otherwise， a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However， if a subsequent will is completely inconsistent with an earlier one， the earlier will is considered completely revoked by implication.
3. The testator must demonstrate that he or she has the capacity to dispose of his or her property， and does so freely and willingly.
4. The testator must sign and date the will， usually in the presence of at least two disinterested witnesses （ persons who are not beneficiaries） . There may be extra witnesses， these are called“supernumerary”witnesses， if there is a question as to an interested-party conflict. In a growing number of states， an interested party is only an improper witness as to the clauses that benefit him or her.
5. The testator s signature must be placed at the end of the will. If this is not observed， any text following the signature will be ignored， or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator s intentions.
6. An heir， an heiress or multiple heirs must be clearly stated in the text.
After the testator has died， a probate proceeding may be initiated in court to determine the validity of the will or wills that the testator may have created， i.e.， which will satisfied the legal requirements， and to appoint an executor. In most cases， during probate， at least one witness is called upon to testify or sign a“proof of witness”affidavit. In some jurisdictions， however， statutes may provide requirements for a“self- proving”will （ must be met during the execution of the will） ， in which case witness testimony may be forgone during probate. If the will is ruled invalid in probate， then inheritance will occur under the laws of intestacy as if a will were never drafted. Often there is a time limit， usually 30 days， within which a will must be admitted to probate. Only an original will can be admitted to probate in the vast majority of jurisdictions—even the most accurate photocopy will not suffice.
There is no legal requirement that a will be drawn up by a lawyer， although there are pitfalls into which home-made wills can fall. The person who makes a will is not available to explain him or herself， or to correct any technical deficiency or error in expression， when it comes into effect on that person s death， and so there is little room for mistake. A common error in the execution of home-made wills in England is to use a beneficiary （ typically a spouse or other close family members） as a witness—although this has the effect in law of disinheriting the witness regardless of the provisions of the will.
Some states recognize a holographic will， made out entirely in the testator s own hand. Contrary to popular opinion， the unique aspect of a holographic will is less that it is written by the testator and more that it need not be witnessed. A minority of states even recognize the validity of nuncupative wills， which are expressed orally. In England， the formalities of wills are relaxed for soldiers who express their wishes on active service； any such will is known as a serviceman s will.
A will may not include a requirement that an heir commit an illegal， immoral， or other act against public policy as a condition of receipt. In community property jurisdictions， a will cannot be used to disinherit a surviving spouse， who is entitled to at least a portion of the testator s estate. In England， a will may disinherit a spouse， but close relations， including spouses， excluded from a will may apply to the court for provision to be made for them at the court s discretion.
