Frequently Asked Question’s about Wills


FAQ’s about Wills

What is a will?

A will is a document that directs where your property is to go upon your death.
Back to Top ↑

Is a will the only way to give property to others upon your death?

No
Back to Top ↑

What are other ways a person can transfer property?

In addition to a will, a transfer on death designation, trust and remainder interests can be created without a will.
Back to Top ↑

Does a will avoid probate?

No
Back to Top ↑

How can I give property at my death to others without probate?

Several methods are possible and include
however there are other ways
Back to Top ↑

What is probate?

Probate is a court procedure where a Judge determines in part who should receive your property after you die.
Back to Top ↑

Who can make a will?

Anyone who is 18 years or older and of sound mind.
Back to Top ↑

What is required to have a legal or valid will?

You must have a writing that is signed and witnessed by two people.

Can you change a will?

Yes by creatingwhat is known as a codicil. A codicil to be valid must meet the same requirements as a will.
Back to Top ↑

No. However if your will contains what is known as a “self-proving clasue” then it is singed by everyone before a notary and it simplifies the process of having a will admitted to probate.

Back to Top ↑

Back to Top ↑

Can-a-will-be-cancelled”>Can a will be cancelled?

Yes by destroying the original and all copies.
Back to Top ↑

What happens if I make a new will?

Any prior wills are cancelled. However if the last will you make is deemed not valid in Probate then any earlier will that is found could become valid and control the disposition of your property.
Back to Top ↑

What happens if I die without a will?

Each state sets out where your property goes if yo die without a will. Usually it goes to children and close relatives. a spouse is not a relative. If no one can be found it can go to the state which is very rare.
Back to Top ↑