• Remember that passing away without a will can be very costly.  Also, problems often arise when someone passes away without updating their will.
  • Wills should name one executor/personal representative and include a successor.
  • To be valid, a will must have two witnesses and be properly notarized.  If the will is not valid, it should be redone.
  • To avoid problems between beneficiaries, ensure that your will has a clear explanation on how assets are to be divided.
  • Remember to provide for disabled adult children through a Special Needs Trust. 
  • In addition to a will, an advance directive (living will) and a durable power of attorney are advisable for any person over the age of nineteen. 
  • An advance directive (living will) sets out the wishes of the person in the event a catastrophe occurs which leaves the person terminally ill/injured or permanently unconscious.  It also appoints at least one person as a health care proxy.
  • A durable power of attorney allows someone to act on behalf of another person without the necessity and cost of having a conservator or guardian appointed by the Probate Court.

Steps in Probating an Estate


  1. Take the will to a probate attorney.
  2. The named Executor signs a Petition to Probate the Estate.
  3. Waivers of Probate are sent to the next of kin. (Without a waiver a hearing must be held before the executor is approved by the Court.)
  4. The Probate Judge issues Letters Testamentary. This document gives the Executor/Personal Representative the legal right to execute the will of the deceased person.
  5. The Probate Court runs an advertisement about the Probate case in a local newspaper for three consecutive weeks.
  6. Six months after the Letters Testamentary have been issued the Executor may distribute the assets of the estate to the beneficiaries.
  7. After all distributions are made, the Executor signs a Petition for Final Settlement and the next of kin sign Waivers of Final Settlement, allowing the Estate to be closed by the Court.