There are ways to show that the Will is the actual instrument that a deceased person made when the personal representative and estate planning attorney initially submit the document to the court.
The process of submitting a Will to the court is called "probate". Many states define testamentary writings as the actual document, other testamentary instruments, and codicils. Codicils are written changes made to the Will later in time.
In the initial meeting with a personal representative, the retirement planning lawyer must determine if the Will or other estate planning documents exists. This is because, courts require that the original instruments be submitted to it before it can commence estate administration proceedings. Newspapers will often contain advertisements from lawyers or personal representatives seeking information on the location of a Will because it cannot be found.
If the document is located, it should then be submitted to the Court along with a "Petition for Unsupervised Administration and Probate of Will." There are many different kinds of legal documents with varying legal titles. Such documents will typically start with the word "Petition" and then be signed by the personal representative to verify that the Will attached to the Petition is an original and is valid.
To make a legally valid Will, it must meet these requirements:
The person executing the Will must be over the age of eighteen (18) years
The person must be of sound mind
The Will must be in writing and signed by the person making it
The document must be signed in the presence of the person making it and at least two (2) witnesses
Again, each state's laws vary on the requirements of a valid Will. Every person conducting estate planning should check with their attorney before doing any serious retirement planning. This will ensure that the proper procedures are followed and that your wishes are met.
Finally, if there is any doubt as to the validity of the Will, the proper procedure for a personal representative and the estate planning lawyer to take is to file the document with the court and seek a determination by the court as to the its validity. This often means a short hearing where witnesses and other evidence is presented before a judge. If the Will can be proved valid, the probate administration should continue and work smoothly.
Estate planning is a difficult process. Without proper guidance from an attorney, people may lose money due to lack of planning. At a minimum, it is important to be aware of what you want done with your debts and assets upon your death. Thinking about and writing down a plan is the bare minimum. Once you have done that, making a Will should be done and you should think about the possibility of additional estate planning. Be sure to follow the proper procedure and laws in your state when making your Will.
