Will

When one has a Will, they are said to have died Testate. This is merely a legal term meaning the deceased party had a valid Will at the time they died. The Will species things such as how property is to be divided, who is to handle the estate, is the one handling the estate should receive any compensation for doing so, and if a Bond will be required. In order for a named Executor to have authority over things such as real property or bank accounts they were not named in, the court must issue Letters Testamentary granting the Executor this legal authority. These are obtained through a probate action filed with the court. In order for a Will to be admitted to probate it must be an original or duplicate original. A photocopy is not admitted by the court as a Will. It is viewed instead as an indication of what the Will would have said. If the original Will is lost along with any duplicate originals, the action will have to be brought as a Lost Will. If the deceased person had the original Will in their possession prior to death, the court presumes the Will to have been destroyed and revoked. Unless it can be proven to the court the deceased person did not destroy their Will, the copy will not be admitted and the probate action must be brought as if no Will existed. For this reason it is extremely important that the original Will be kept in a safe place and that location be known so it can be found when needed.