Create Your Last Will and Testament With ProWillWriters' Easy, Affordable Self-Help Process!
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To help you complete the data form, scroll over the key terms below to see definitions.
The "Testator" is the person making and executing (signing) a last will and testament, and the person completing this data form. In most states a Testator must be of sound mind and at least 18 years of age. A female testator is sometimes referred to as a testatrix, particularly in older cases.
A person who has executed a will dies "testate," and their estate goes though "probate," a process in which distribution of estate assets is governed by the will. A person without a will dies "intestate," and their estate goes through "administration," a process governed by statute and the probate court.
An executor is a person or an institution appointed by the party making the will (the "testator") to administer the estate and carry out the will's terms. The executor is usually trusted by the testator, familiar with the testator's affairs, qualified to carry out the duties of estate administration, and capable of doing so conveniently.
An alternate executor is named to address the possibility that the 1st executor named is unable or unwilling to serve when the time comes.
A spouse is often named as executor, and can be a good choice, provided the spouse is sufficiently experienced and comfortable in making financial and property-related decisions, and able to organize essential details and properly communicate with authorities, beneficiaries, and essential professionals.
A guardian is a 3rd party you (as Testator) appoint to assume the responsibility of governing your minor children when you and your spouse are no longer present to do so. The guardian is often a relative, close family friend, or other individual trusted by the testator, qualified to carry out the duties of guardianship, and capable of doing so without undue burden.
(Guardians are also appointed to govern the affairs of adults declared incompetent, but this occurs through a separate probate court proceeding, not a will).
A "specific bequest" is the Testator's declaration in a will bequeathing (giving) a specific item of property to a particular individual or organization. The party receiving a specific bequest receives the property free of claims by other beneficiaries or claimants (except in cases where the will is "contested"). The Testator may create any number of specific bequests, or none at all. If no specific bequests are made, then all estate assets pass as part of the estate's "residue" (see below).
A "testamentary trust" is the Testator's declaration in a will establishing a trust for the benefit of minor children through which property bequeathed to the minor children is managed by a trustee until they reach the age of majority or another specified age, at which point the property transfers to the beneficiary and the trust is closed.
ProWillWriter.com™ is a self-help estate-planning document website. However, ProWillWriter.com and its producer Probizwriters, LLC, do not provide legal advice, and using this site is not a substitute for securing the advice of legal counsel licensed to practice in your state.