Laws Concerning a Last Will & Testament
The ability to determine who gets your property after you die, and who handles your estate, is easily accomplished with a last will and testament. While the laws for making a will vary from state, there are common areas all states cover. These range from the requirements for drafting and creating a will, to the use of oral wills or those signed outside of the presence of witnesses.
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Requirements
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To be valid, wills must meet the requirements of the state in which they are created or submitted for probate. Generally, wills must be in writing, signed by a testator who is at least 18 and of sound mind, and signed by two witnesses. The testator (the person making the will) does not have to write or even sign the document his or her self, but must be able to understand the property owned, the provisions of the will, and must be able to direct someone else to sign on his or her behalf if incapable of doing so.
Witnesses
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Generally, wills must be signed in the presence of two competent witnesses. For example, Oregon law requires all wills are signed before two witnesses. These witnesses must be of sound mind, and able to see or affirm they witnessed the testator sign the will, or acknowledge that he or she did so.
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Holographic Wills
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A holographic will is one that is written and signed entirely by the testator. Some states allow them under certain circumstances, while others do not. For example, while Georgia does not allow for any holographic wills, Nevada allows them if signed and dated by the testator, in their own handwriting, and without the presence of witnesses.
Oral Wills
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Some states do allow for oral wills, but only under certain circumstances. For example, Kansas law allows for the use of oral wills, but only if made in the testator's final illness and subsequently written down by the witnesses.
Proof
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Once the testator dies, it's up to the person keeping the will to turn it in. Usually, this person is a family member, attorney, or authorized agent. When turning the will into the county courthouse clerk, the person doing so must prove the will, meaning they sign an affidavit certifying they believe the will to be the testator's. Some will, however, can be self proven, meaning the testator and the witnesses signed affidavits at the time of creation, and included those with the will.
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References
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