Look for any additional amendments (codicils)

Depending on the information in the will and how it is prepared, there might be additional elements to be considered such as documents written after the creation of the will that govern distribution of assets or burial wishes. If you find such documents, you need to ask a lawyer or court if the documents are valid and whether you must follow them.

As just one example of a potential complication related to informal additions to a will, if a parent puts “sticky notes” on items in the china cabinet with children’s names on them, that might be considered a valid bequest (transfer of that asset) in some states, but not in others. You might find lists of assets with names next to them in a nightstand next to a bed. An estate attorney is your best resource to sort out the legality in situations where the deceased has gone beyond the formal will to give direction to the heirs, or created written or handwritten amendments to that will.

Your job, as an executor, is to understand what is and is not binding, and then to attempt to grant the wishes of the will writer, within the framework established by the will. An experienced estate attorney is a critical, unbiased resource who can be a tremendous asset to you in these types of situations.