Making A Will

Making a will is a fairly simple procedure and one that all individuals over the age of 18 should take the time to do. The first step in writing a will is to locate and destroy any previous version. This way there will be no chance that the incorrect version will make it into probate. Next, a will form for the correct state must be selected. It is possible to simply create a will from scratch, but this can create problems. Without all the technically correct legal language in place, it is possible for final instructions to be misinterpreted.

The will form should be filled out with the desired distribution of assets and the name of an executor who is in charge of submitting the will to the probate court. The care and guardianship of minor children and even pets can also be addressed in the document. Finally, two or three reliable witnesses (who aren't inheriting anything in the will) must be selected to sign it. The person making a will (the testator) and all the witnesses need to sign the will in each other's presence. A self-proving affidavit that authenticates the will in the presence of a notary may also be added in some states. The signed document must be kept in a safe place such as a fire-proof box until it is needed.

Fast Facts

  • No states currently require a testator to hire a lawyer to assist in making a will.
  • In some states, a minor who is married or in the military can make a valid will.

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