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United States Probate Wills (view source)
Revision as of 15:44, 20 September 2008
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Probate laws vary by state, but generally a will is valid if the testator was of legal age, of a sound mind, and was free from restraint when he or she wrote the will. | Probate laws vary by state, but generally a will is valid if the testator was of legal age, of a sound mind, and was free from restraint when he or she wrote the will. | ||
== Composition of a will == | == Composition of a will == | ||
The following information is usually found in a will: | The following information is usually found in a will: | ||
*Name | *Name | ||
*Residence | *Residence | ||
*Disposal of soul and body | *Disposal of soul and body | ||
*Payment of debts | *Payment of debts | ||
*Specific bequests, specific devises | *Specific bequests, specific devises | ||
*Residuary clause--what is left over goes to residuary legatee | *Residuary clause--what is left over goes to residuary legatee | ||
*It names the executor | *It names the executor | ||
*Date the will is signed | *Date the will is signed | ||
*Signature | *Signature | ||
*Witnesses | *Witnesses | ||
A will may also name a guardian for the minor children and revoke all previous wills. | A will may also name a guardian for the minor children and revoke all previous wills. | ||
== Types of wills == | == Types of wills == | ||
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Ammendments to wills are called codicils. | Ammendments to wills are called codicils. | ||
== Proving the will == | |||
#The will is created in writing, signed, acknowledged before witnesses and signed. | |||
#Death of the testator. | |||
#The will is presented in probate court by written application or petition. | |||
#The court admits the will to probate, a hearing is set and published. | |||
#The will is recorded and registered by the court (small fee). The will is usually indexed in this step. | |||
#The executor pays the bills with approval of the court; notice to creditors is published. | |||
#Provisions of the will are carried out; decree os distribution may be completed by the executor. | |||
The [[Portal:United States Probate|United States Probate]] portal page explains how to use wills in family history research. | The [[Portal:United States Probate|United States Probate]] portal page explains how to use wills in family history research. | ||