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  2. Mar 7, 2024 · After you pass away, your will comes to life. It will start the probate process and inform the probate court who you want to have your property and what property you want them to have. Your will is your legally enforceable voice to the court and your loved ones after your death.

  3. May 1, 2024 · A frequently asked question is how long is a will valid after death? The will is technically valid if it's legally binding for as long as the probate process takes. However, there are some things that may delay probate after the death of a loved one.

    • A Will ALWAYS Has to Go Through Probate. No, not all Wills go through probate. While it’s true that most do, when it comes to Wills and probate, there are some exceptions as to what has to go through the courts.
    • If a Will Isn’t Filed, the Deceased’s Assets Are Fair Game. Simply put, no, an unfiled Will simply holds up the process of settling the estate.
    • Executors Cannot be Beneficiaries of The Deceased’s Will. Actually, it's quite common for someone to name a loved one as both a beneficiary and an Executor.
    • The Will Must Be Executed Immediately. Not true. The specific time frame varies according to state laws affecting Wills and probates. However, the Executor generally must file the will in probate court within five years of the deceased's death.
    • Create your will. To have a will, the first thing you have to do is create it. There are three ways to do this: Your attorney can draft your will after meeting with you to discuss your estate and the most advantageous way for you to dispose of your property.
    • Amend your will. Once you and your witnesses sign your will, it is considered “executed.” This means that if you were to die at any point, your executor could submit your will to the court for it to be probated.
    • Revoke your will. At any time between creating a will or a codicil and your death, you can revoke your will and/or codicil. To revoke your will means that you no longer want your will to be valid or effective if you die.
    • Revive your will. If you have revoked a previous will before you die, you can revive your previous will, which means you can bring it back to life and make it valid again.
  4. Feb 23, 2022 · What Happens If a Will Is Not Filed Through Probate Soon After a Death? What Can You Do if You Want to File a Probate Years Later? Tips for Probating a Will Months or Years After a Death.

  5. Mar 16, 2024 · A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children after your death. If...

  6. Mar 23, 2023 · Understanding what happens to your property when you die without a will is an important part of estate planning and will likely encourage you to create a will. When someone passes away without a valid will in place, it can cause a great deal of financial burden, legal complications and emotional stress for their loved ones.