Probate law is a part of the law that many of us rarely think about, mostly because it is a legal process dealing with a particularly unpleasant reality. Probate law is the area of law which concerns administering estates and handling final wills. A probate is responsible for interpreting the final will of the deceased, naming the executor of the estate, and determines the interests of the heir and any other claimants against the estate. Although it may be uncomfortable to think about, knowing about the law which will govern your estate after you pass away is important for your family and the loved ones you leave behind.
In states with communal property laws, an estate without a legal will is automatically passed to a spouse. Being without a will is called being intestate. However, when the property does not automatically transfer to the spouse, a court is required to probate the estate, which involves determining the intent of the will and distributing the property. It’s very important to have a valid, up-to-date will, as this will ensure that your property is distributed in the manner you want. The general requirements for making a will are:
Identifying yourself as the author of the will. You must make a point of revoking all previous wills and testaments. If you do not specifically include this point, the will only revokes previous testaments if there are any explicit inconsistencies. You must show that you are legally able to dictate the division of your property, and that you do so by your own choice and without duress. You must explicitly name an heir or multiple heirs in the document. You must sign and date the will, with two witnesses who do not stand anything to gain from the will. This ensures that there is no collusion or foul play. You must sign the document to prove that it is valid.
It’s also a good idea to name an executor on the will. The executor is personally responsible for making sure that the instructions your detail in the document are carried out. If there is none named, the probate court will appoint one.
If you have any other questions about probate law and how it affects your will and your heirs, visit the Austin family lawyers of Slater Kennon & Jameson, LLP, today.
By: Joseph Devine
About the Author:
Joseph Devine