- A properly written and executed Last Will and Testament contains specific instructions to an appointed executor (or personal representative) what to do with property that belongs to someone who has died. A will may contain information to make the executor's job easier, such as the legal descriptions of real estate, bank account numbers and locations, identification of stocks and bonds and personal property, such as automobiles, jewelry, collections and artwork. Usually, an executor will have the original will (or at least a copy). She may need an attorney to handle probate, prepare and file documents with the court and guide the executor in his duties.
- There are a number of necessary features that comprise a Last Will and Testament. These include the name of the person for whom the will is written, where he resides (county and state) and that the document he is executing is done so of his own free will and that he revokes all prior wills he may have executed. Additional features may include how he wishes to be buried, what expenses should be paid, who the beneficiaries are and how to distribute his property. There is a specific format for executing the document which may vary from state to state. A will also may have a "Tangible Personal Property List," which is a separate document that details the distribution of specific property (no money or real estate) such as, "I give to my niece, Jane Smith, my diamond necklace with the sapphire pendant". It can be changed as often as desired without executing a new will; it just has to be signed and dated each time it is changed.
- The person making the will should be as specific as possible in her intentions for the distribution of her property. If she wants, she may list at what age heirs who are minors may receive their inheritances and who should manage it for them until then. Also, if there is personal property such as jewelry, furniture, artwork or collections, instructions should be written who gets what.
- Peace of mind is one of the main benefits in executing a Last Will and Testament. Sometimes, it may be necessary to execute an Amendment to an existing will or write a new one because circumstances have changed such as a death of a spouse or a change in executor choices. The prior will can be a guide to drafting a new one.
- If one's estate is relatively simple, office supply stores have fill-in-the-blank forms. Will forms for individual states can also be downloaded from the Internet. Some banks provide notary services as well as witnesses for the will signing. However, it is always recommended that an attorney be consulted before deciding how to proceed.
