Wills FAQ
By: Source: AARP.org Date Posted: 2004-03-24 14:21:37
Are wills required to be registered?
Generally, wills are not required to be registered until they are presented to the register of wills in the county where the testator lived, for probate after the death of the testator. Wills are kept by the testator.
Where is the best place to keep a will?
It is really up to the individual where he or she keeps his or her will. It is important that the individual choose a safe place where someone else can find the will after his or her death. Someone the individual trusts should know that the will exists and where it is located. Some people keep their wills in safety deposit boxes. Keep in mind that if the will contains provisions which must be known immediately upon the individual's death, a safety deposit box may not be the most suitable place to keep the will. This is because it may be time consuming for someone whose name is not on the safety deposit box to gain access to it.
What is a self-proving will, and is it necessary to have one?
A self-proving will, now accepted in most states, is one where, in addition to the signatures of the testator and witnesses, an affidavit is executed, attesting to the signatures. An affidavit is a sworn statement before a notary public. This affidavit makes the will "self-proving" and eliminates the need to reverify the signatures at the time of probate.
In most states it is not necessary to have a self-proving will in order for a will to be legally effective, however, it is certainly advisable.
When is someone mentally incapacitated to make a will?
Generally, any adult (at least 18 years of age) is able to make a will, unless mentally impaired to the extent that he or she cannot understand the consequences of his or her actions. This does not mean that a person has to have been adjudged incompetent by a court of law. Wills can be challenged on the basis of a lack of testamentary capacity, even in the absence of an adjudication of incompetency.
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