Who is entitled to a copy of a will?

During the process of distributing an estate’s assets according to the will, it is not uncommon for interested parties to request to view copies of the will. Whether or not a party requesting an opportunity to view and receive a copy depends on who they are, their role in creating or managing the will, and their relationship with the deceased.

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When does a will have to go through probate?

When a person passes away and leaves behind a will, there are certain set procedures and formalities that must be followed in order to legally account for and distribute the estate among beneficiaries. The filing of the will in court, referred to as admitting the will into probate, is a necessary step in almost every case.

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What does a will usually contain?

While a last will and testament can be as simple as a few sentences stating your intent, there are some traditional provisions that tend to make the probate process smoother and eliminate any ambiguity with regard to family members. Some typical provisions of a last will and testament include the name of the testator (your name), your spouse, and distribution of special gifts.

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Differences Between Wills and Trusts

A trust is a way of transferring your property to an artificial legal entity or person (the trust) before your death, while still having the use and/or control of it during your lifetime. There are two kinds of trusts, revocable and irrevocable. If the trust is revocable you can change it or decide to take the property back any time during your life. If the trust is irrevocable, you can’t change it once you have set it up.

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Are witnesses and notaries required when making an official will?

Executing a legal will is an important process for many adults. Before safely filing it away, though, you need to take the necessary legal steps to make sure your will is valid. Most states only require two witnesses to be present when a will maker signs the will in order for the will to be considered valid.

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