Legal Advice

NON-STRESS PROBATE WITH A WILL

The Last Will and Testament is the document that allows courts to re-title accounts and assets which are in your name (not a trust) and which do not have a beneficiary designation.

If you are leaving assets to adults (not minors), then you can use beneficiary designations and avoid probate. A Will is still a good idea to have as a backup for any account without a beneficiary; either because a beneficiary was not listed or a financial company lost the beneficiary designation. If your spouse has children which are not also your children, the Will also can assure that your spouse’s half of the community property goes to you. Otherwise, intestate laws apply and your spouse’s children will be entitled to one-half of the community property and one- half of your spouse’s sole and separate property.

Be sure to keep your Original Will, because using a copy requires a formal court probate hearing. Evidence proving the Will was not revoked is needed when the original cannot be located. Wills need two witnesses and a specially worded affidavit so the Will can be probated without a hearing. A handwritten Will does not need witnesses or a notary if all of the dispositive provisions are in your handwriting and all pages are originals.

Submitted by Sharon Ravenscroft, Esq.

Sharon Ravenscroft, Esq., The Cavanagh Law Firm, PA, Sun City and Phoenix offices, (623) 815-7451 or Sravenscroft@ CavanaghLaw.com. Sharon’s practice focuses on Wills, trusts, probate and trust administration. For more information www. sharonravenscroft.com.