Last Will and Testament

Standard

A last will and testament document basically has the same function no matter where you live.  However, there may be state variations.  Therefore, be sure to check the regulations for your state when filling out your will; to make sure your will is valid.

Executor

The executor (also referred to as personal representative) is responsible for handling things when you die.  The executor will work with the probate court to gather and inventory estate assets, settle estate debts, and then distribute assets.

Choose the person that you know to be trustworthy, organized, and will follow through on what you want done.  If you do not name an executor in your will, the probate court will choose one for you, and this person may not do things in your family’s best interest.  Do NOT leave it up to the probate court to decide an executor for you.

Signing

Requires your signature plus the signature of two (2) witnesses.  Vermont requires three (3) witnesses.

Witnesses rules vary by state; however, witnesses are generally at least 18 years of age and cannot be a beneficiary of your will.  Check with your state for specifics.  Additionally, even if your state does not require your documents to be notarized, it is good practice to do it.

Recording

Your Will is Not Required to be filed with any probate court.  However, after you die, it will be filed with the probate court for the purpose of assessing and distributing your assets.

Always keep your documents, including recorded documents, in a safe place. And, you may want to give a copy of your documents to the person(s) you have designated to act on your behalf.

Donation

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