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Estates and Wills

More Information

What Is A Will?
A will is a document that provides the manner in which a person’s property will be distributed when the die. A person who dies after writing a Will is said to have died. Is Testate. If one dies without a Will the estate is Intestate.

Who May Make A Will?
A Will must meet certain requirements set by the State to be considered valid. The Will must be written signed by the maker, and witnessed by two people in the matter required by the law.

What Happens to My Property If I Do Not Write A Will?
If someone dies without writing, a Will, they have died intestate. Each state has specific laws governing the distribution of property when a person dies intestate, and most laws are generally the same.

Do I have to have a Lawyer?
The complexity of handling estates may necessitate having an attorney since the Probate Judge or his office can not advise you of the law or provide you with forms.

Steps in Probate of an Estate:

  • File Petition

  • Take immediate control of the estate

  • Inventory of the estate within 2 months

  • Bond ( May be waived in a Will)

  • The notice must be given to all heirs.

  • Letters of Testamentary (administration) granted.

  • Notice to file claims against the deceased.

  • Claims must be filed generally within 6 months.

  • Generally, the estate cannot be divided until all claims and expenses have been paid which is at least six months.

  • The court must approve the administrator’s fees.

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