Most people when confronted with wills and probate are not quite sure what it really is. It can be a confusing and difficult thing to understand that takes some time to understand. But with the right help and the right lawyer, it can make more than enough sense to help you through the process. It is important to know that probate and wills tend to go hand in hand, and while people know quite a lot about wills, probate is not as widely known. It is important to start with a basic understanding of what probate is. Probate is the legal process that occurs after someone dies. It had numerous different parts, but the main ones are proving the will of the deceased person is valid, identifying and taking account of the deceased person’s property, paying back debts and taxes, and distributing what is left of property as indicated in the will.
Here are 4 common questions about wills that everyone should know the answers to and how they relate to probate.
- What are the requirements for a will to be considered valid?
There are a few requirements that are recognized as important to make a will valid. It is important that the person creating the will and signing it is witnessed doing so by two uninteresting parties(people who are not labeled as beneficiaries in the will) and for those two people to be considered of sound mind when witnessing this. It is also important to note that the witnesses have to be at least at the age of 18. It is important to note that these rules and laws do vary from state to state so make sure you do your research before creating a will to make sure it will be valid.
- What happens when a person that does not have a will dies?
Laws in your state usually have a “default will” that is used in the situation that someone has died without a will. It is usually that the spouse and children of the deceased receive all assets and property and if there is no spouse or children, assets and property usually go to the parents of the deceased.
- When should someone make a will?
The simplest answer is as soon as possible. Death typically comes as a surprise and not usually known of so we are not prepared. Creating a will is sometimes the best thing to do for your family and loved ones so that you can make sure it will always follow your final wishes and what you want it to do. It is important that you also update the will when need be so that it does remain up to date with your final wishes and what you want done when you do pass on.
- Who should or can create a draft of my will?
If you do not create/draft your will yourself, it is only possible for a lawyer or attorney to create a will for you. It is important to note that if you do create your own will, you should meet with a lawyer so that it is complete and thorough so it is not considered invalid in court. If ever in need of professional help with probate, contact this Palmdale CA probate firm.