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This will be the individual that will oversee the probate process and ensure that the decedent’s estate is provided to the rightful heirs. Step 2 – Fill-in who will represent as the personal representative (also known as the ‘executor’) of the will.
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Videoĭownload: Adobe PDF (.pdf), Microsoft Word (.docx), Open Document Text (.odt) At the option of the testator, they may register the will with the probate court in their county (if applicable). Step 5 – Store Your WillĪ will is meant to be kept in a safe place with original copies provided to the beneficiaries and legal counsel. Although, it is highly recommended to have notarized as a will can be contested for any reason by disgruntled family members were left out. Under most states, a will can be signed with two (2) disinterested witnesses (except Colorado and Louisiana which require a notary public). If there are any children of family members that shouldn’t be included, this should be specifically mentioned in the will. The beneficiaries are the people who will receive the property and assets of the testator. It is recommended that a personal representative be a trusted attorney and not a beneficiary. Appoint a Personal Representative (Executor)Ī personal representative (or executor) is a person that will be in charge of delivering the testator’s assets to the beneficiaries after death. This should also include any debts to help prepare the personal representative (executor) of the will. Make a list of all the assets of the testator. Step 2 – Appoint a Personal Representative (Executor).Testator’s signature – Must be signed in accordance with state law).Personal representative (executor) – Who will be responsible for distributing the estate and.
Assets and property – List all valuables.Beneficiaries – Names of individuals who will be eligible to receive the estate.Can I Appoint Someone to be a Caretaker for my Pets?.Which Types of Personal Property Can I Include?.Last Will and Testaments (Wills): By State.Self-Proving Affidavit (optional) – Recommended being attached for the witnesses to swear under oath that they were in the presence of the testator while they signed.
Disinterested Witness – An individual that has nothing to gain if the testator dies (cannot be a beneficiary).Two (2) disinterested witnesses are required to make a will valid in every state except Colorado and Louisiana, they both require two (2) disinterested witnesses and a notary public ( see table).