Probate

This brochure was created by Idaho Legal Aid Services, Inc. and provides general legal advice to seniors regarding Power of Attorneys, Living Wills, Wills, etc.

Un testamento es un documento legal dirigiendo la disposición de la propiedad (sucesión) de uno después de fallecer. La persona cuyo propiedad se está distribuyendo en el testamento se llama el testador del testamento. Un testamento no tiene ninguna vigencia antes de la muerte del testador. En cualquier momento antes de la muerte, el testador aun puede regalar o vender su propiedad. El testador también puede enmendar o revocar y poner en vigencia un testamento completamente nuevo a cualquier momento antes de su muerte siempre y cuando que está mentalmente competente para hacerlo...

A will is a legal document directing the disposition of one's property (estate) after death. The person whose property is distributed in the will is called the testator of the will. A will has no effect before the death of the testator. At any time before death, the testator may still give away or sell her property. The testator may also amend or revoke her will or put in effect an entirely new will at any time before her death, as long as she is mentally competent to do so.

Probate is the procedure for transferring title of a deceased person's property to the proper survivors. If the person did not have a will, the laws of intestate succession set out who will inherit. If there is a valid will, the estate still must be probated, but it is distributed according to the will. Probate also arranges for payment of all debts and taxes.

It is not very expensive to have an attorney draft a will for you. Even though you can write your own will, there are many special considerations you may not be aware of that a lawyer will readily identify for you. Failure to deal with these items appropriately can thwart your intent and can result in unexpected expenses. The decision to draft your own will should be made hesitantly and only after careful consideration.

There are many decisions to be made every day in life, even late in life. This is called life-time planning. Some of these decisions are of a financial nature, while others are of a personal nature, and still others are health-related. Financial decisions might include whether or not to have a joint bank account, how to go about paying bills and arranging finances, and drafting and maintaining legal papers. Personal decisions might include making funeral plans or burial arrangements, choosing where to live, and fulfilling spiritual or religious preferences.