Difference between revisions of "United States Probate Wills"

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[[Portal:United States Probate|Portal:United States Probate&nbsp;]]&gt;<br>Wills are court records in the probate process. These documents include written, nuncupative, holographic, and codicils.
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[[Portal:United States Probate|Portal:United States Probate]]&gt;<br>A ''will'' is a written and legal expression of the individual's instructions regarding his property a the time of his death. The will usually describes the estate and often gives the names and relationships of heirs or beneficiaries. The affidavit of the winteeses includes the date or proof of death. Types of wills include written, nuncupative, and holographic. Ammendments to wills are called ''codicils''.
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If accepted by the court, a copy of the will was recorded in a will book or register kept by the clerk of the court. The clerk may have made errors when he transcribed the will, but the original will is often kept in the probate packet.  
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Probate laws vary by state, but generally a will is valid if the testator was of legal age, of a sound mind, and was free from restraint when he or she wrote the will.
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A ''nuncupative will'' is an oral will which is later spoken of in court by those who heard the testator speak. Some U.S. states do not honor this type of will. (''A to Zax'' by Barbara Jean Evans, [Alexandria, VA: Hearthside Press, 1995], 186.)
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A ''holographic will'' is the original copy written by the testator.
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The [[United States Probate|Portal:United States Probate]] page explains how to use wills in family history research.

Revision as of 21:04, 26 August 2008

Portal:United States Probate>
A will is a written and legal expression of the individual's instructions regarding his property a the time of his death. The will usually describes the estate and often gives the names and relationships of heirs or beneficiaries. The affidavit of the winteeses includes the date or proof of death. Types of wills include written, nuncupative, and holographic. Ammendments to wills are called codicils.

If accepted by the court, a copy of the will was recorded in a will book or register kept by the clerk of the court. The clerk may have made errors when he transcribed the will, but the original will is often kept in the probate packet.

Probate laws vary by state, but generally a will is valid if the testator was of legal age, of a sound mind, and was free from restraint when he or she wrote the will.

A nuncupative will is an oral will which is later spoken of in court by those who heard the testator speak. Some U.S. states do not honor this type of will. (A to Zax by Barbara Jean Evans, [Alexandria, VA: Hearthside Press, 1995], 186.)

A holographic will is the original copy written by the testator.

The Portal:United States Probate page explains how to use wills in family history research.