How to Enforce a Last Will and Testament

16 Jan 2023 · 1 min

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1:00

The video provides a step‑by‑step instructional overview of the probate process required to enforce a last will and testament. It explains that after a death, the executor (or a designated person) must submit the death certificate and the will to the court, after which the court appoints the executor. A probate bond may be required unless waived, and the executor must identify and notify all beneficiaries and creditors. The estate’s assets are then valued, debts and estate fees are paid, and finally the remaining assets are distributed to the beneficiaries. The speaker notes that while the process can be undertaken without professional help, it is lengthy and recommends hiring a lawyer.

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When someone dies and they have a last will and testament, what actually must be done to carry out the things written in the will? Grab a pen and paper. If there is a will, there must be a court process unless the estate is very small. First thing to happen is that someone, usually the executor named in the will, will submit a copy of the death certificate to the court. Then a copy of the will needs to be submitted to the court to make sure that it's a valid will. The person named in the will as the executor will then be appointed by the court to oversee the whole process. A bond will then have to be posted to protect the beneficiaries if there's some error made in the estate, and this can be very costly depending depending on the size of the estate, unless in the will it was specifically waived. Next, all of the beneficiaries and creditors of the estate must be identified and notified. Next, all of the assets and the property in the estate must be assessed to determine their value. Then all of the debts and the fees of the estate must be paid. Once all of that is done, then all the money, assets, and property is distributed to the beneficiaries. This all can be a very lengthy process, which can be done on your own, but I do not suggest it. Get a lawyer.