United States Probate Wills: Difference between revisions

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This will is from the French tradition (Louisianna). Person goes to a notary (like a lawyer), and writes the will in the presence of 2-3 witnesses and the notary. The person then puts the will in an envelope and seals it. The witnesses don't sign the will, but they do sign that he put it in the envelope.  
This will is from the French tradition (Louisianna). Person goes to a notary (like a lawyer), and writes the will in the presence of 2-3 witnesses and the notary. The person then puts the will in an envelope and seals it. The witnesses don't sign the will, but they do sign that he put it in the envelope.  
==== Joint will ====
A will made by two or more persons together and signed by bothy--sometimes called a conjoint will.
==== Unofficious will ====
A will made in desregard to natural obligations of inheritance.
==== Unsolemn will ====
A will where not executor is named. An administrator will be appointed by the court.


== Codicils  ==
== Codicils  ==
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Ammendments to wills are called codicils.  
Ammendments to wills are called codicils.  


== Proving the will ==
== Proving the will ==


#The will is created in writing, signed, acknowledged before witnesses and signed.
#The will is created in writing, signed, acknowledged before witnesses and signed.  
#Death of the testator.
#Death of the testator.  
#The will is presented in probate court by written application or petition.
#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 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 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.
#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.
#Provisions of the will are carried out; decree os distribution may be completed by the executor.


 
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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.
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