Simple Will

A simple will is one that is not likely to be disputed. If assets and debts are minimal and family relationships are not complicated, writing a will can be a straightforward process. For example, a person making a will (the testator) might choose to leave everything to his/her surviving spouse. If adult children are involved, each one may be granted a set dollar amount or a percentage of the total assets. A personal administrator (executor) may be named in the will to ensure that it is handled properly. This executor is often the surviving spouse.

A simple will may only be a few pages long but can always be made longer if more instructions need to be added. It will need to be dated and list the testator's residential address including the county and state. The names of the testator's spouse and children should be included for identification purposes. The executor's responsibilities for paying debts and funeral expenses out of the assets of the estate should be noted. Some states require an executor to post a good faith bond to guard against embezzlement of the estate. The will may state that this bond requirement should be waived. Most important, appropriate witnesses should be selected to sign the will along with the testator.

Fast Facts

  • Laws governing wills and estates in the U.S. are based on English common law except in Louisiana.
  • A simple will is a common choice for people under age 50 who have not accumulated much property.

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  • What is a Simple Will?

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