A last will is not something that is just passed around among family members. After the passing of the testator, the last will would be admitted to probate. During the probate process, the Surrogate’s Court would supervise the administration of the estate.
There is a proving of the will during probate, and there are certain formal requirements that must be met in order for a last will to be valid in the eyes of the court. First off, the testator must create the will on his or her own accord without any coercion or undue influence. The testator must be an adult who is of sound mind, and the will must be the last will that was created by the testator.
In New York, the will must be signed in front of two witnesses, and the witnesses must sign the will as well. The will could still be valid if it is not notarized, but notarization can be useful. If a notary is involved, the will would become a self-proving will. Under these circumstances, the court would not have to seek out the witnesses during the probate process to make sure that they did in fact sign the last will.
Learn More About Last Wills
Far too many people are going through life without all of the proper estate planning documents. One of the primary reasons for this inaction is a lack of information. We understand the fact that it can be difficult to find truly sound information about the subject, and we make every effort to educate people in the greater Smithtown area.
To this end, we offer a steady stream of information on this blog. We have also assembled an extensive library of in-depth special reports. These reports cover many different estate planning and elder law topics, and one of the reports will provide you with a great deal of detailed information about last wills.
This report is offered free of charge, and you can obtain access quickly and easily through this website. To get your copy of the special report, visit this page and follow the simple instructions: Free Report on Last Wills.
Take the Next Step
You should certainly gain an understanding of all of the estate planning tools that are available to you before you make any final decisions. A last will can be a good choice for some people who have very simple and straightforward objectives, but there are other options. You should act in a fully informed manner so that you can be certain that you are making the right choices.
If you would like to discuss your objectives with a licensed professional, our firm can help. We offer free consultations, and you can send us a message through our contact page to set up an appointment: Long Island NY Estate Planning Attorneys.