A will is an expression of who you want to get your property when you die. In its simplest form it can be a letter written totally in your own hand and signed. Though possible this is not recommended. If you are not familiar with probate law, mistakes can too easily be made, and believe me, I have seen those mistakes.
A will, in and of itself does not dispose of your property. It only states your wishes. To actually disperse your property, you must name an “executor” in the will, who will have access to your bank accounts, pay any of your debts, taxes, disburse funds to the people you want and execute deeds of any property you own. When you pass, if you have a will, your family must present the will to a judge for approval, and to approve the executor. If approved, the court will certify that the will meets the legal requirements and issue “letters testamentary” to the executor. The letters testamentary gives the executor authority over your financial accounts, and property. This process is called “probating the will”.
For more information on obtaining a will and probating a will contact the Law Office of Elliott Klein, PLLC.