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A Will, also known as a Last Will and Testament, is a legally prepared and bound document that states your intentions for the distribution of your assets and wealth after your death. In the event you have children, a valid Will also allows you to designate who will care for them.
A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children. If you die without a will, those wishes may not be carried out.
In California, you don't need to have your will notarized to make it valid. In most states, you can use a notary to make your will self-proving. When a will is self-proving, the court can accept your will without needing to contact your witnesses to validate it.
An executor or executrix is the person named in a will to carry out the terms of the will. Upon petition, the Superior Court will verify the appointment of the executor in the will and issue Letters Testamentary which give the executor the right to administer the estate of the deceased and to dispose of any property.
Probate is when the court supervises the processes that transfer legal title of property from the estate of the person who has died (the "decedent") to his or her beneficiaries.
I, [NAME], resident in the City of [CITY], County of [COUNTY], State of [STATE], being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and ...
Some assets will need to go through a legal probate process to determine who will inherit them, while a non-probate asset with a named beneficiary can be transferred directly to its new owner. The executor (or administrator) of your loved one's estate is responsible for the distribution of probate assets.
A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children. If you die without a will, those wishes may not be carried out.