Mark Glendon

What to Know About Executing a Will

When someone passes, there's a lot to take care of. In some cases, including when a person is declared indigent, the state handles the final affairs of the deceased. For most people, however, this process will be handled by an assigned executor according to a last will and testament, often referred to simply as a will.

A person's will details how they would like their property, accounts and other assets directed or divided upon death. There are a number of ways to create a will, including through self-service document providers and through law firms that specialize in wills and estate law.

Executing a Will

The process of executing a will is the process of signing the document while you are of sound mind in the process of a witness or witnesses. Basically, this is where you are affirming that the document includes your wishes and that you are agreeing to the dictates of the will.

This should not be confused with the role of an executor. The executor of an estate is the person responsible for seeing the dictates of the will carried out after someone has died. The executor has a number of legal obligations to adhere to, and this role is usually assigned by the deceased during their living years.

The Steps Involved in Executing a Will

When talking about the former usage of execution of a will, you first need to have a will drafted. This is done differently according to the state in which you live. Drafting a will in NYC may be different than drafting a will in St. Louis. This is also why NYC residents would want to partner with a local law firm that can handle drafting a will in NYC as opposed to working with a law firm that doesn't focus on NY state laws.

After the will is drafted and reviewed, you will need to sign the document. This is usually done in the presence of a witness, but more than one witness may need to be present. Each witness will also sign the document attesting to their being present at the time of signing. You may be able to attach affidavits to your will that allow it to be reviewed in probate court without the need for your witnesses to actually appear before a judge.

Author Resource:-

Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at real estate law blog.