The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
North Dakota Certification of Waiver by Attorney for Surviving Spouse
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One of the most important reasons to make a will is to name your executor -- commonly called a "personal representative" in South Carolina. After your death, your executor's primary job is to protect your property until any debts and taxes have been paid, and then transfer what's left to those who are entitled to it.
Initially, it is important for the Personal Representative or Trustee to gather all information about the decedent's assets. These assets include cash, stocks, bonds, mutual funds, life insurance, retirement accounts, tangible personal property (e.g., art, jewelry and vehicles), partnerships and real property.
Probate Avoidance Joint Tenancy with Right of Survivorship. Adding another person to your assets as a joint owner or "joint tenant with rights of survivorship" will allow your property to pass to them upon your death without going through probate. ... Beneficiary Designations. ... Revocable Living Trust.
If you have a larger estate, you must go through probate, especially if real estate is involved. Other deciding factors for requiring probate include: A poorly written will. Debates over the proper heir.
A personal representative (or legal personal representative), also known as the executor, is the individual chosen to administer the estate of a deceased person. They are designated as such by the decedent or by a court.
Die unmarried and intestate in North Dakota and your estate goes to your children in equal shares. If you don't have any children, then your parents are next in line. Finally, if you don't have a spouse, children, or surviving parents, then your estate will go to your grandparents, or descendants of your grandparents.
The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.
Appointing a Personal Representative The order from highest to lowest priority is: The person named as personal representative in decedent's will. The decedent's surviving spouse if the spouse is a devisee. Other devisees of the decedent.
