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Looking Over the Will
After you've found the will, your next task is to take a look at it, to see whether it's really a legally valid, binding document under state law. Most wills are a standard typed document, full of legal terms and signed by witnesses--but some handwritten wills are legal, too.
As an executor, the will is your starting point. To begin with, it probably names you to serve as executor. It also contains the instructions you'll follow when it comes to paying debts and distributing property to beneficiaries.
What Makes a Will Valid
What if you're not even sure there IS a will? Here are some tips on how to conduct your search.
It isn't usually hard to tell whether or not a will meets your state's legal requirements for validity. Here's what to look for.
Witnesses are usually a crucial element in determining a will's validity.
It's tough to challenge a will in court, but it happens. Here are the circumstances that should alert you to a possible challenge.
It's not enough just to find the will--you also must make sure that the will-maker didn't revoke or replace it later.
Types of Wills
A handwritten will may be perfectly valid--it all depends on where you live.
Oral wills might have worked when many people were illiterate, but not today.
A last-minute will is often as good as any other.
If the deceased person left a living trust as well as a will, you're likely to be dealing with a "pour-over" will.
There's really no such thing as a video will--you still need an old-fashioned paper document.
In a few states, you may run across a simple fill-in-the-blanks form will provided by the state.
Wills with a "self-proving affidavit" attached are easier to prove valid in probate court.
These documents aren't really wills at all. Here's the story.
Questions and Answers About Wills
Resources from Nolo
The Executor's Guide
A thorough guide to settling a loved one's estate, whether you're handling it alone or working with a lawyer.
A thorough guide to settling a loved one's estate, whether you're handling it alone or working with a lawyer.
How to Probate an Estate in California
Everything you need (including court forms) to take an estate, big or small, through California probate court.
Everything you need (including court forms) to take an estate, big or small, through California probate court.
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