Facts About A Last Will and Testament

A Last Will and Testament is a legal declaration in which a person names one or more persons to manage his or her estate. In the Last Will and Testament, a person will be able to state how they would like their property and possessions distributed.

Here are some facts about a Last Will and Testament: 

-It is a general rule that the Will has no legal effect until it is probated. It is important to probate a Will as soon as possible. This would need to be done by the personal representative of the decedent. It is important to remember that the Will which is submitted to the court should be original.  However, even if a Will is lost or misplaced, there may still be a way to probate a copy of the Will.

-Appearances are going to need to be made before the court. The death of the testator is going to have to be proven, usually by the use of a death certificate.  A person(s) will be appointed as personal representative or administrator of the estate.

-Probate matters can get fairly complicated, especially if the Will becomes contested. When there are disputes against the Will, the court will have to step in and make a decision. This may require different motions, oppositions, and replies to be written and heard before the judge. Once the judge has heard the arguments, then they will be able to make a decision that is best for the estate.

Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.