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Task 3 of 15

Confirm legality of will

Part of: Interview the Will Maker (if possible)

Often, a will is prepared by a licensed attorney. If this is the case, the will should be valid. If the will maker has changed his or her state of residence, have the will maker contact the law office that prepared it to confirm that it is still valid. As the executor, you will need the will maker to perform this job because he/she is the only person with the authority to do so.

The will maker should also check with his or her attorney to ensure he or she has the most recently prepared copy of the will. This is particularly important if there are several versions of the will, or it has been amended over time.

If the will maker is unsure who prepared the will or if it is a will created by the person planning for death by him or herself, you can call or visit your local probate court to ask about the requirements that must be met for the will to be valid. The will maker can also consult an attorney in his or her state of residence. Confirming the validity of the will is an important step, because having an invalid will can add significant complexity to this process, and the wishes of the will writer may be overruled by intestacy law in their state of residence.

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