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A will is a legal document that determines how a person’s property is distributed after their death. Rules for validity vary by jurisdiction, but generally require the testator to be over 18, sane, and properly witnessed. Probate is required before assets can be transferred to beneficiaries. Without a will, assets are distributed through intestate succession, determined by each jurisdiction’s rules.
The term “will” refers to a situation where a person dies with a valid will. In most jurisdictions, a person has the right to determine how he wishes his property to be distributed upon death. The legal process that accomplishes this goal is the will. The precise rules for what constitutes a valid will and how a will is handled upon the death of the deceased vary by jurisdiction.
Within the United States, the rules for wills vary slightly from state to state. In general, for a will and testament to be valid, the testator, or the person who created the will, must be over 18 years of age, sane, and not subject to undue influence or fraud in the formation of the will. Additionally, most jurisdictions require that a valid will be properly witnessed. In some jurisdictions, at least one witness must be someone who is not a beneficiary under the terms of the will. If an heir, beneficiary or other interested person questions the validity of the will, he can often contest the will. If a court declares the will invalid, the rules of probate will determine who inherits.
A will provides a legal mechanism for determining who will receive the assets of a decedent’s estate upon his or her death; however, in most jurisdictions a will must go through a legal process known as probate before the assets can be transferred to the beneficiaries. Probate requires inventory of the estate’s assets, payment of creditors, and distribution to beneficiaries in accordance with the will. In some jurisdictions there is a mechanism whereby small estates can be distributed without the lengthy and costly probate process through small estate administration or other similar procedures.
An heir is someone who is entitled to inheritance under the laws of inmate succession. The beneficiary is the one who inherits by will. An heir can also be a beneficiary, but need not be.
The opposite of the will, is the intestine. When a person dies without a will, the assets of the estate are distributed through the laws of intestate succession. Each jurisdiction decides its own rules of legal succession, which will include the distribution of assets to the legal heirs of the deceased. All assets that are not distributed through intestate succession are transferred or returned to the state in most jurisdictions.
