There is a misconception that many people harbor when it comes to last wills. You may think that the executor that you name can distribute assets to the heirs right after you pass away, without any supervision. In fact, this is not the case.
A will must be admitted to probate, and in New York, the Surrogate’s Court supervises the administration of the estate. During this process, there is a proving of the will. The court examines the document to make sure that the will is in fact valid.
The person who creates a last will is called the testator. In order for a will to be valid in New York, the testator must sign the document in the presence of two witnesses. The witnesses must also sign the will.
A will could technically be valid even if it is not notarized, but the court would have to contact the witnesses to make sure that the will was executed under legally acceptable circumstances. However, things could be simplified if a self proving will is utilized.
To make a will a self proving will, the testator and the witnesses would have to go to a notary to obtain a self proving affidavit. When this document is included, the will becomes a self proving will, and the court would not have to contact the witnesses during the probate process.
Since probate can be time-consuming even when things go very smoothly, a self proving will can help to move things along.
Obtain More Detailed Information
If you would like to obtain more detailed information about last wills, we have a valuable resource that can be accessed quickly and easily through this website. Our firm has prepared a free special report that will provide you with a very solid foundation of information about last wills.
This report is being offered on a complimentary basis, and you can visit this page to get your copy: Free Report on Last Wills.
Attend a Free Estate Planning Seminar
We do everything possible to provide information to people in our area. You can learn a lot if you explore our website, and we also offer free seminars on an ongoing basis.
June has been a busy month for us with regard to seminars, and we have a few seminars coming up at the end of the month. The seminars will cover numerous different estate planning and elder law topics.
Though the seminars are free to attend, we ask that you register in advance so that we can reserve your space. To see the complete list of dates and times, visit this page: June Estate Planning and Elder Law Seminars.