A will is a testamentary document that informs the executor, heirs, and the Court of a persons intent to distribute their holdings or property (estate) after their death. While it can be a simple document, the legal effect is significant and powerful, as it allows for less costly and efficient transfer of property after the death of the holder of the property.
In preparing a will, many clients elect to also prepare Powers of Attorney to address financial and medical decisions during periods of incapacity.
Probate is the process of proving a will or administering an estate in the absence of a will. The purpose is to ensure that all property passes to the designated or proper heirs and the affairs of the deceased are properly resolved, such as payment of final bills and expenses, including taxes owed, and the distribution of assets or property to the decedent’s beneficiaries.