Intro & Overview

Two Basic Methods

of Transfer at Death
By Will Testate

By Statute Intestate
(No Will)
Requirements for
Validity of Wills

Testamentary Intent
(takes effect at death)
Testamentary Capacity
Testator Must Know:

Kind & Character of His Property

Natural Objects of His Bounty
Effect of this Act of Making a Will
Testator Must Have Ability to
Form a Plan for Disposition of
Her Estate
Formal Execution Requirements

2 Witnesses if Typewritten
T’s Signature
Competence of Witnesses
Witnesses Sign in T’s Presence
No Publication Required
 Holographic Will

**Wholly in T’s Handwriting**

Instrument Modifying or
Adding to an Existing Will
 Probate of Administration
a Will of Estate
--Representative
--Court Validates 1. Collects Assets
the Will 2. Pays Debts
3. Distributes
Remainder
 Executor:
Named in the
Will

Administrator:
Appointed by the
Court
Independent Executorship

Independent Executor acts free

of court control
Dependent Administrator
Acts Under Court
Supervision