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United States Probate Wills: Difference between revisions

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| link2=[[United States Probate Records|Probate Records]]
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[[Image:Maryland Baltimore City Register of Wills (10-0694) Will page 3 DGS 4660591 408.jpg|center|600px|Maryland Baltimore City Register of Wills (10-0694) Will page 3 DGS 4660591 408.jpg]]  
[[Image:Maryland Baltimore City Register of Wills (10-0694) Will page 3 DGS 4660591 408.jpg|center|600px|Maryland Baltimore City Register of Wills (10-0694) Will page 3 DGS 4660591 408.jpg]]  


[[United States]][[Image:Gotoarrow.png]] [[United States Probate Records]] [[Image:Gotoarrow.png]] [[United_States_Probate_Wills|Wills]]
A ''will'' is a written and legal expression of the individual's instructions regarding his or her property at the time of their death. The will usually describes the estate and often gives the names and relationships of heirs or beneficiaries. The affidavit of the witnesses includes the date or proof of death. Types of wills include written, [[United States Probate Wills#Types of wills|nuncupative]], and [[United States Probate Wills#Types of wills|holographic]].  
 
A ''will'' is a written and legal expression of the individual's instructions regarding his property a the time of his death. The will usually describes the estate and often gives the names and relationships of heirs or beneficiaries. The affidavit of the witnesses includes the date or proof of death. Types of wills include written, nuncupative, and holographic.  


If accepted by the court, a copy of the will was recorded in a will book or register kept by the clerk of the court. The clerk may have made errors when he transcribed the will, but the original will is often kept in the probate packet.  
If accepted by the court, a copy of the will was recorded in a will book or register kept by the clerk of the court. The clerk may have made errors when he transcribed the will, but the original will is often kept in the probate packet.  
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Ammendments to wills are called codicils.  
Ammendments to wills are called codicils.  


== Proving the will ==
== Probate Process ==


#The will is created in writing, signed, acknowledged before witnesses and signed.  
1. The will is created in writing, signed, acknowledged before witnesses and signed.<br>
#Death of the testator.  
2. Death of the testator. <br>
#The will is presented in probate court by written application or petition.  
3. Proving the Will:<br>
#The court admits the will to probate, a hearing is set and published.  
:a. The will is presented in probate court by written application or petition.  
#The will is recorded and registered by the court (small fee).&nbsp; The will is usually indexed in this step.  
:b. The court admits the will to probate, a hearing is set and published.  
#The executor pays the bills with approval of the court; notice to creditors is published.  
4. The will is recorded and registered by the court (small fee). The will is usually indexed in this step. <br>
#Provisions of the will are carried out; decree of distribution may be completed by the executor.
5. The executor pays the bills with approval of the court; notice to creditors is published. <br>
6. Provisions of the will are carried out; decree of distribution may be completed by the executor.<br>


<br><br>
'''A wiki article describing an online collection is found at:'''  
'''A wiki article describing an online collection is found at:'''  


[[Iowa,_Fayette_County_Probate_Case_Files_(FamilySearch_Historical_Records)]]
[[Iowa,_Fayette_County_Probate_Case_Files_(FamilySearch_Historical_Records)|Iowa, Fayette County Probate Case Files - FamilySearch Historical Records]]


[[Category:United_States|United_States]]
[[Category:United States Probate Records]][[Category:United_States Probate Records]]
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