Estate Planning, Wills, & FAQs

Your family is not responsible for your debt after you die in most instances. These debts are typically paid with the funds or assets from the estate. However, family members may be responsible for your debts if any of the following exceptions apply: 

• They are listed as the executor or administrator of the estate, and the state law requires them to pay outstanding debts through property with joint ownership by the deceased and surviving spouses
• They are a surviving spouse and reside in a community property state that requires them to pay debts of a deceased spouse with jointly-held property
• They are a surviving spouse, and state law requires them to pay specific types of debt 
• They are listed as co-signers on loans with outstanding debts 
• They are listed as joint account holders on credit cards with outstanding balances

If these exceptions do not apply, your family is not responsible for your debts when you die. If your estate is unable to pay for your debts and there aren’t any family members with shared responsibility for your debt, the debts will likely remain unpaid. Although your family is not responsible for paying these debts, they may still be targeted by debt collectors. The Fair Debt Collection Practices Act (FDCPA) indicates that debt collectors may only contact and discuss outstanding debts with certain people after your death. These individuals include: 

• Spouse 
• Legal guardian
• Parents 
• Lawyers 
• Confirmed successor in interest 
• Administrator, executor or personal representative

If family members are contacted by debt collectors after your death, they do not have to speak with them, and they are not required to pay for any debts if they do not have shared responsibility under the previous exceptions. Instead, they can provide the contact information for your personal representative. Additionally, if they would prefer not to receive further communication from the debt collector, they can send a letter requesting that all future contact cease. 

Sources

“Who Is Responsible for a Deceased Relative’s Debt?” Find Law. https://www.findlaw.com/estate/estate-administration/paying-the-debts-of-a-deceased-relative-who-is-responsible.html 

“Debts and Deceased Relatives”. Federal Trade Commission. https://consumer.ftc.gov/articles/debts-and-deceased-relatives#whocan 

“Does a person’s debt go away when they die?” Consumer Financial Protection Bureau. https://www.consumerfinance.gov/ask-cfpb/does-a-persons-debt-go-away-when-they-die-en-1463/# 

When a parent dies without a will, the surviving spouse and children are usually prioritized as primary beneficiaries by the state’s intestate succession laws. In most instances, the surviving spouse will receive most of the assets, and the children will receive the remaining assets. However, every state has laws to determine who receives assets and how much they will receive, and some states have laws that split the assets between the surviving spouse and the children. 

The probate court may have unique considerations regarding children when a parent dies without a will. If minor children do not have a guardian, the court may appoint one and make them responsible for managing the inherited assets. This guardian will pay for common expenses such as healthcare, education, and other necessities until the child transitions to adulthood. Adopted children have the same rights to inherit assets as biological children. Still, they are not entitled to any assets from their biological parents’ estate if the parent dies without a will. Likewise, stepchildren aren’t entitled to any assets unless they have been adopted or a will was created before the stepparent’s death. 

It is important to note that adult children have complete control over their inheritance when assets are distributed and are allowed to use them according to their preferences. In contrast, minor children will always need a legal guardian to manage the assets until they are older, and some may also have assets transferred to a trust. How much of the inheritance is awarded to the children tends to vary by state. For example, California law indicates that if the person who died had children from previous partners, half of their estate would be distributed among the children. The other half would be distributed to the surviving current partner. 

Although minor and adult children have rights to assets when a parent dies without a will, the implementation of those rights will differ due to state laws. It can also be difficult to discern the amount of inheritance that adult and minor children are entitled to since it can vary based on court decisions, state laws, and whether a surviving spouse or relative is available. Similarly, some children may not be entitled to receive anything if they are stepchildren. This ultimately underscores the overall importance of creating a will to ensure that children are taken care of in the manner that the parent intended. 

Sources 

“Dying without a will – What happens?” Trust & Will. https://trustandwill.com/learn/dying-without-a-will 

“What is a child entitled to when a parent dies without a will?” Legal Zoom. https://www.legalzoom.com/articles/child-rights-if-parents-die-without-will 

When someone dies without a will, their assets are distributed based on the intestate succession laws of their state of residence at the time of death. The court system will freeze the assets of the person who died and review their estate before determining how the assets will be distributed. A personal representative will be appointed in the probate court to maintain oversight of the distribution and will handle any remaining debts before allocating money to the surviving members of the family. This representative may be a surviving spouse, adult children, or adult grandchildren of the person who died. 

If the person who died was married, their surviving spouse will receive a portion of their assets. The amount of distributed assets tends to vary based on state laws. If they were in a domestic partnership prior to death, whether their partner receives any of the assets will depend on state regulations since not all states legally recognize domestic partnerships. In states where domestic partnerships are recognized, the surviving partner generally has the same rights as a surviving spouse. If the person who died was single, their assets are usually distributed to their children. However, if the person didn’t have any children, the assets may be distributed to their parents, siblings or the children of their siblings. 

Ultimately, the state takes responsibility for asset distribution when someone dies without a will, and this can result in outcomes that don’t align with the wishes of the person who died. Since only 32% of Americans report having a will, it is crucial for individuals to focus on estate planning proactively to avoid undesirable consequences from intestate succession. Without a will, it can be difficult to ensure that surviving loved ones will maintain financial security in the event of a death.

Sources

“Intestate: Definition and state rules”. Investopedia. https://www.investopedia.com/terms/i/intestate.asp 

“Uniform probate code”. Cornell Law School. https://www.law.cornell.edu/uniform/probate

The individual named the executor in a decedent’s will is responsible for handling the distribution of inheritances. The executor must file the will with the county probate court before the inheritance process can begin. The probate court will then review the will and transfer any designated assets to the beneficiaries named in the document. Generally, a court hearing is conducted to allow a judge to validate the will and provide an opportunity for concerned parties to object to the probate process. Some common reasons why an objection may occur during the probate process can include: 

• Concerns that the will was drafted inappropriately 
• An updated will has been identified 
• There is a request to change the executor 

In most cases involving a will, the named executor will move forward with distributing assets after probate is complete.  If there is a request to change the named executor or a will doesn’t exist, the judge must appoint an executor during the probate process. This will usually be the next of kin, such as a spouse or the oldest child. The probate court will then issue letters of authority or administration so that the executor can make transactions on behalf of the estate. 

If the person who died owed any debts at the time of death, the executor is responsible for using the assets to settle these debts before the inheritance can be transferred to the beneficiaries. The executor is also responsible for having the assets appraised and filing final tax returns before moving forward with the distribution of inheritances. Once ownership of the assets has been transferred to the beneficiaries, they can legally divide the assets amongst themselves or sell them if they prefer. 

Sources 

“How Does Inheritance Work and What Should You Expect?” SmartAsset. https://smartasset.com/investing/how-does-inheritance-work 

“A Guide to Understanding the Inheritance Process”. Inheritance Funding. https://www.inheritancefunding.com/inheritance-process-guide/ 

“How are inherited properties distributed?” Empathy. https://www.empathy.com/property-assets/how-are-inherited-properties-distributed 

If a will exists, the executor is usually aware of the will’s location and will take the required action to ensure it is executed. That person should contact you when the will has been probated. This will usually happen a month to two after your loved one died. 

If the will cannot be found or if you believe that you have not been contacted regarding an existing will, there are actions you can take. The first option is to contact local law firms that your loved one previously worked with. Most law firms now keep copies of the will in their client’s files for easy reference in case the original will cannot be found. 

Another option is to contact the probate court in the county of your loved one’s former residence. When someone dies, their will is filed at the probate court in their county. You can contact the county probate court via phone or in person. The clerk will likely ask you for some identifying information, such as your loved one’s full name and date of death. You may also be able to find a record of the will online if the state’s probate court maintains an online database. However, the availability of online databases varies from state to state. 

Overall, determining whether your loved one had a will is a critical step in the administration of their affairs, but it is typically not as complicated as it may initially seem. Assuming that other beneficiaries are not aware of the location of the will, options such as contacting legal professionals in the area or the county probate court can usually determine if a will exists. If a will is identified, it is important to keep in mind that it is the executor’s responsibility to take action on it moving forward. Most likely, the executor will contact you in the near future. 

Sources

“How to Find Out if a Loved One Had a Will”. Aging Care. https://www.agingcare.com/articles/how-to-find-out-if-a-loved-one-had-a-will-210723.htm 

“How to Find Out if Someone Has a Will”. LegalShield. https://www.legalshield.com/blog/how-to-find-out-if-someone-has-a-will 

When someone dies, their will is executed through a process known as probate. During probate, the will is validated, and the estate of the person who died will be inventoried so that the assets can be distributed to the intended individuals. If someone has a small estate, the probate process typically isn’t necessary. The probate process typically includes the following steps: 

• The designated executor files the will in a probate court
• The executor obtains the assets from the estate to inventory and account for them 
• Financial institutions, the IRS, creditors, the Social Security Administration, employers, life insurance policy issuers and beneficiaries are notified 
• A notice to creditor advertisement is published by the executor 
• Assets are used to settle any remaining taxes and debts that are owed
• Remaining assets are distributed to beneficiaries according to the will
• The estate is closed by petitioning the court after beneficiaries and creditors have been paid 

When the executor files the will with the probate court, they will usually present additional documentation such as a death certificate to confirm that the owner of the estate has died. When it is time to distribute the remaining assets to beneficiaries, the executor may need to take additional action. For example, some assets may be sold for cash to pay for outstanding debts or for further distribution to beneficiaries. The executor of the will is also responsible for filing the final income tax return for the person who died and any additional related reports prior to closing the estate with the court. 

In most instances, the probate process takes around six to nine months for completion, although this can vary by state. If the will is contested or if the person who died didn’t have a will, the probate may be significantly delayed. Additionally, the size of the estate can affect the time associated with probate proceedings, especially if the person who died had a large estate or complex circumstances surrounding their assets. 

Sources 

“Wills: How They Go From Probate to Public Record”. Investopedia. https://www.investopedia.com/ask/answers/101915/when-are-beneficiaries-will-notified.asp 

“Estate Administration: The Will After Death”. FindLaw. https://www.findlaw.com/estate/estate-administration/estate-administration-the-will-after-death.html 

“How to probate a will: A step-by-step guide”. FreeWill. https://www.freewill.com/learn/how-to-probate-a-will 

Generally speaking, there isn’t a specific age when someone should make a will since this decision is largely personal and dependent on individual circumstances. However, many advisors recommend that individuals should either establish a will as soon as they are of legal age or as soon as they have assets, dependents, debts or an increased risk of death. Even if someone does not have extensive assets, it can be beneficial to have a will since it helps establish key decisions regarding guardianship and assets. 

Most states recognize the age of 18 as the minimum legal age to make a will. However, the legal age can vary by state. For example, 16 years of age is acceptable in Louisiana and 14 years of age is acceptable in Georgia if the individual has mental capacity. While individuals at these ages may not have extensive assets or related financial concerns, establishing a will can address the distribution of digital assets such as photos, websites, blogs, personal accounts and beyond. 

Life events and circumstances can be good indicators of the need to create or update a will. Example events can include getting married, having children or starting a business. As additional major life events occur, individuals should revisit and update their will to reflect these changes to ensure that all of their assets are appropriately addressed. Although many people typically think of creating a will once, never to return to it again until it is necessary after their death, wills can be revised and updated throughout a lifetime. 

Sources

“Requirements for Making a Will”. Upcounsel. https://www.upcounsel.com/lectl-requirements-for-making-a-will 

“Why you are never too young to make a will”. The National News. https://www.thenationalnews.com/business/money/2023/07/11/why-you-are-never-too-young-to-make-a-will/ 

“The Earliest Age You Can Create a Will: A Guide to Early Estate Planning”. Wills.com. https://learning-center.wills.com/the-earliest-age-you-can-create-a-will-a-guide-to-early-estate-planning/ 

It is absolutely possible to leave a gift to a designated charity or charities in your will. Known as an endowment, legacy gift or planned giving, such testamentary bequests not only support causes that are important to you but may have financial benefits as well. For example, if you take out a life insurance policy with the charity as the beneficiary, you can usually deduct the premiums for that policy as a charitable donation while you are still alive. Charitable donations may also decrease the amount of any estate tax owed after your death. An estate planning attorney can help you determine if this is a wise course for you based on the value of your estate and your state laws.

In general, legacy gifts fall into four broad categories:

• General gifts: a specific amount of money or a percentage of your estate
• Residuary gift: any remaining assets after all other bequests and claims (for example, unpaid debts, taxes and administrative expenses) have been fulfilled 
• Specific gift: the donation of a particular item, such as a piece of art or a car
• Contingent gift: a donation based on certain conditions being met, such as your main beneficiary passing away before you

Very often, legacy gifts are monetary — for example, an annual endowment of a certain amount of money to the charity of your choice. However, you may also make other charitable bequests in your will, including the following:

• Real estate, such as land or residential property you own
• Personal property, such as jewelry, antiques works of art or automobiles
• Stocks or bonds
• Proceeds of a life insurance policy or an individual retirement plan
• Partnership interest in a business

When planning your testamentary bequest, make sure to determine the correct name of the charity and, where applicable, the fundraising entity that collects donations on its behalf. (The names and addresses may be different, so contact the charity’s headquarters to make sure.) It may also be helpful to decide what you would like your gift to accomplish. For example, if you want to donate a certain amount of money to Habitat for Humanity to renovate 10 homes in your hometown, you will need to speak with an administrator at the charity to learn how much that will cost.

Sources

“Essential Estate Planning Documents”. LawDepot. https://www.lawdepot.com/estate-planning/?loc=US#.YGdoRWjYpD8 

Since a will serves as the primary source of documentation that outlines an individual’s wishes regarding how their estate should be handled after their death, many key components define the distribution of these assets. Most estate planning experts consider the following as major components of a will: 

• The testator’s full legal name and marital status 
• Residence 
• Children, if any 
• Debts, taxes and which assets should pay them
• Disposition of assets
• Guardian of the person and estate of children 
• Information about the executor and trustee, as well as their powers
• General provisions
• No contest provisions 
• Definitions 
• Trusts, if any 

In addition, there should be a place for two witnesses and the testator to sign and date the will. General provisions are included based on state laws and circumstances specific to the testator, such as what would happen to the estate if a divorce occurred. The ‘no contest provision’ is used to prevent opposition towards the provisions and probate of the will. Other potential provisions can include a statement revoking all previous wills or a residuary clause that addresses what should happen to any properties that are not specifically mentioned in the will. 

Ultimately, multiple components of the will have a pivotal role in determining how a testator’s assets are distributed after their death. Some wills are simple and only have a few general provisions in addition to these components, whereas more complex wills may have numerous provisions and specialized clauses that are specific to the wishes of the testator. Individuals are encouraged to work closely with an estate planning expert to ensure that the appropriate components are included to fully account for all aspects of their estate. 

Sources

“The 10 Must Have Parts of a Will”. The Ashmore Law Firm. https://www.ashmorelaw.com/library/the-10-must-have-parts-of-a-will.cfm 

“Key Provisions to Include in Your Will”. King Law. https://kinglawoffices.com/blog/estate-planning/wills/key-provisions-to-include-in-your-will/

Only individuals who have legal standing can contest a will. An individual must meet specific criteria to have legal standing. Any of the following can make someone eligible to contest a will: 

• The individual is already a beneficiary named in the will 
• The individual is a beneficiary who was named in a previous will, and:
  • was removed from the most recent version of the will, or 
  • has a reduced share of the estate in the most recent version of the will 
• The individual is not named in the will but would be eligible to inherit the estate based on intestacy laws if the will didn’t exist (i.e.,a child, spouse, or next of kin) 

If the person who died owed significant debts, sometimes creditors may have the right to contest the will to collect on those debts if they have a right to the property. Additionally, any will may be contested if the individual has legal standing and valid reasons. Reasons for contesting the will can include any of the following:

• If the person who died did not have the capacity to make decisions at the time that the will was created 
• If there are multiple wills and the most recent version of the will was created directly prior to the death of the individual who originally owned the estate
• If the will does not meet state requirements regarding the information that is included, who the witnesses were, or how it was signed, it may be invalidated 
• If the individual who made the will may have had their signature forged, was subjected to creating the will under duress, or they were deceived into signing the will 
• If the will was created in another state where the person who died did not reside 

Some individuals may opt to include no-contest clauses in wills to discourage beneficiaries from contesting the will. Including a no-contest clause means that if a beneficiary or an heir attempts to contest the will and loses, they will not receive their inheritance at all. However, these clauses are not enforced equally in all states, and some states do not enforce them at all. If the clause is not enforced, then the beneficiary will still receive the inheritance that was listed in the will. Alternatively, some states enforce no-contest clauses but maintain an exception if the individual who has contested the will has a probable cause for suing, which can include any of the aforementioned valid reasons. 

Sources

“Who Can Challenge a Will?” FindLaw. https://www.findlaw.com/estate/wills/who-can-challenge-a-will-.html

“Contesting a Will? You Might Not Need a Lawyer”. Yahoo!Finance. https://finance.yahoo.com/news/contesting-might-not-lawyer-105500366.html 

“No-Contest Clauses in Wills and Trusts”. NOLO. https://www.nolo.com/legal-encyclopedia/no-contest-clauses-wills-trusts.html 

A will can only take effect after an individual dies and must go through the probate process, but a trust can be used to manage the individual’s assets in the event that they are incapacitated. It is also exempt from probate. Both are legal documents intended to distribute an individual’s estate after death; however, they address different purposes and have key differences. Understanding these differences is an important step in making an informed decision about estate planning. Some individuals choose to have a living trust and a will to ensure that their estate is fully accounted for in life and death. 

Generally speaking, a will is a legal document that indicates someone’s wishes regarding how to distribute their assets and property after death. It is required to go through a probate process for validation and execution in order for those assets to be distributed. The person who creates the will, known as a testator, must indicate who they want to act as the executor of the will, which is the individual who is responsible for ensuring that the wishes and instructions are followed appropriately. The beneficiaries in the will won’t receive any assets until the probate process is completed. Depending on the size and complexity of the estate and associated will, it may take months or years to complete probate. 

In contrast, a trust is another type of legal arrangement that can be used to transfer assets to beneficiaries. The person who creates the trust, known as the grantor, transfers their assets to a trust account that will be managed by a third party on behalf of that individual. The grantor designates a trustee to act on the trust document and distribute the assets accordingly, which may happen after death or even while the grantor is still alive if they are incapacitated for some reason. A trust can be revocable to allow the grantor to make changes during their lifetime, or it can be irrevocable to prevent any changes from being made. Since a trust doesn’t involve the probate process in court, the beneficiaries can receive the assets shortly after the grantor has died. 

Sources

“Living Trust vs. Will: Key Differences”. National Council on Aging. https://www.ncoa.org/adviser/estate-planning/living-trust-vs-will/ 

An electronic will, sometimes referred to as a digital will or e-will, is the digital format of a legally binding document that outlines an individual’s preferences for the distribution of their estate and other important personal requests following their death. Electronic wills contain all of the same information and details that are noted in a traditional paper will. The main difference is that the creation, storage, maintenance and execution of electronic wills relies solely on digital technology and can involve other elements such as the use of electronic signatures, online platforms and various digital tools. 

Although there are aspects of electronic wills that are more convenient in comparison to traditional wills, electronic wills are still met with skepticism due to the requirements necessary to establish the validity of a traditional will. Lawyers frequently have concerns about electronic wills since so much of the process can be completed in the privacy of someone’s home rather than in direct collaboration with a legal entity. When traditional wills are created, the maker has to be of sound mind and the will must meet all of the following requirements: 

• Made in writing 
• Signed and dated by the maker 
• Signed by witnesses

Although nearly all states require two witnesses to sign the will, most additionally require that the witnesses are present when the maker signs the will as well. It can be argued that since electronic wills are created and stored on a computer or smart device rather than being typed, printed, and signed, they may not meet the first requirement for the will to be “made in writing.” Electronic signatures typically include a timestamp when the signature was placed on the document, so the second requirement can typically be fulfilled without concern. 

Similarly, the witnesses could sign the document in this manner, but the larger concern would be whether they can be considered to be “present” when the maker signs the will if they are only viewing the process via video conferencing rather than being in the same room. Another consideration under these circumstances pertains to whether remote notarization needs to occur and if a notary public needs to be present during the video call. Since there are still many states that have yet to specifically allow electronic wills by law, the legality of these scenarios can vary by state based on the interpretation of each state’s current legislation. 

Sources 

“What Is an Electronic Will?” NOLO. https://www.nolo.com/legal-encyclopedia/what-is-an-electronic-will.html 

“The Pros and Cons of Electronic Wills.” Forbes. https://www.forbes.com/sites/christinefletcher/2019/10/25/the-pros-and-cons-of-electronic-wills/?sh=5c21843e5457

A will typically remains valid indefinitely after death and does not have an expiration date. This means that a will could be created over 40 years ago and still be valid. However, wills can become outdated if they are not consistently updated to reflect preferences or changes based on major events in the willmaker’s life or other influencing factors. It is important to note that although a will cannot be invalidated by time, it can be invalidated in specific scenarios. These scenarios can include:

• If the will is marked up with handwritten notes or interlineations
• If someone’s spouse attempts to write them out of the will
• If a divorce occurs 
• If a prenuptial agreement exists and conflicts with the will 
• If witnesses weren’t present when the will was signed 
• If the original will cannot be found and only copies are available 

In any of these scenarios, the probate court can decide that the will is invalid and no further action will be taken to act on the will. If the original will cannot be found, it is generally assumed that it was destroyed by the willmaker or a relative unless otherwise proven, which is viewed as revoking the will and ultimately invalidating it. Overall, while there is no specific expiration date for a will that can invalidate it over time, it is important to ensure that this document is kept updated and reviewed with an attorney to avoid other factors that may result in invalidation.

Sources

“How Long Does a Will Last?” Stone Arch Law Office. https://stonearchlaw.com/how-long-does-my-will-last/ 

“Do Wills Expire? 6 Things to Know”. Trustworthy. https://www.trustworthy.com/blog/do-wills-expire 

Once your will is drafted and properly executed, it is important to keep the original in a safe, secure place. If the original cannot be found after your death, a copy of the will may not be recognized, depending on your state’s law. At minimum, your next of kin will need to go through a time-consuming process to have the copy certified before it can be entered into probate, delaying the settlement of your estate. 

Some law offices store original estate plan documents on behalf of their clients, but some return the originals. If you have your original will, one option is to store it in your safe deposit box. However, this is typically not a wise choice because only someone who is a joint title holder can open the box without a court order after your death. Access to the box is also limited to normal banking hours. So if you die at 7 p.m. on a Friday night, your survivors won’t have access to your will until Monday morning at the earliest. That being said, if you do choose this option, make sure that a trusted individual is a joint title holder of the safe deposit box and knows where the key is kept. You will also want to keep a copy of the will in a more accessible location so it can be accessed quickly upon your death. 

Another option for storing your will is to keep it in a locked, fireproof safe or filing cabinet in your home. Again, make sure someone you trust knows where it’s kept and where you keep the key. You may also choose to ask a close friend or the person you have chosen to appoint as your executor to store your will for you if you would rather not keep it in your home.

Whatever you choose to do with your will, be sure that at least one of your loved ones knows the following:

• That you have a written will
• Where the will is kept
• How to access the will (for example, where you store the key)
• If you worked with an attorney to create the will, how to reach them upon your death

Sources

“I can’t find an original will, I only have a copy. What can I do?” Suzanne R. Fanning, PLLC. https://www.annarborprobate.com/q-a/cant-find-original-will-copy-can/ 

Legally, wills are divided into three main types, each of which will be subject to different legal requirements. According to family, estate and elder law attorney Randy Michel of College Station, Texas, these include holographic (handwritten) wills; standard, formal, typed wills; and partially typed and partially handwritten wills. 

• Holographic wills: In most states, handwritten wills are considered valid only if they are written completely in the handwriting of the testator — that is, the person creating the will. The signatures of witnesses typically are not necessary as long as it can be reliably established that the handwriting belongs to the person executing the will, and there is evidence of “testamentary intent.” (This is usually established with words such as “I, John Doe, declare this to be my last will and testament” or “I, John Doe, hereby bequeath….”) The person writing the will must also have testamentary capacity — the mental ability to understand what they are writing and the extent of the bequests being made. Lack of testamentary capacity (for example, a diagnosis of dementia or psychosis or proof that the person making the will was under the influence of alcohol or drugs) is a legal basis for challenging the validity of a will. 
  
  
• Standard typewritten or printed wills: Any printed or typewritten will must be signed by the testator and witnessed by two or more adults (the number depends on state law). As with handwritten wills, a standard will must include a statement of testamentary intent, and the person executing it must have testamentary capacity. In most cases, these wills are considered “self-proved” — that is, the signatures of the witnesses prove the validity of the will. However, it may help move the will more quickly through probate to include a “self-proving affidavit” signed by the witnesses stating that they saw the person sign the will and that the testator had the capacity to do so. (Note: Ohio and the District of Columbia do not offer this option; all wills must be proved in probate court after the person’s death.)
  
  
• Partially handwritten, partially typed wills: Because partially handwritten wills can’t be proven without witness signatures, they must meet the statutory requirements of a standard, typewritten or printed will. That is, they must be signed by the testator, and the signature must be witnessed by the appropriate number of persons as outlined in state law. 

In addition to these three types of written wills, some states recognize the validity of oral (spoken) or nuncupative wills. Also known as a “deathbed wills,” such wills are looked upon with skepticism by probate courts, although some states allow them under very limited circumstances. In New York, for example, a nuncupative will may be recognized if the oral declaration was heard by at least two witnesses and was made by one of the following: 

• A member of the U.S. armed services while deployed during wartime (declared or undeclared) 
• A person accompanying an active duty service member to a war zone or an area where armed conflict is taking place
• A mariner at sea

In North Carolina and a few other states, the rules are somewhat more lax, in that an oral will can be considered valid if the speaker is in the final stages of a terminal illness or in “imminent peril of death” and does not survive. The oral statements must also be made in the company of two competent witnesses who the will-maker has asked to witness his or her will. 

Sources 

“3 Types of Wills”. Law Office of Randy Michel. https://www.randymichel.com/blog/2019/06/15/3-types-of-wills-200799/ 

“Testamentary Intent Law and Legal Definition”. US Legal. https://definitions.uslegal.com/t/testamentary-intent/ 

“Testamentary Capacity”. Cornell Law School. https://www.law.cornell.edu/wex/testamentary_capacity 

“Invalidating a Will Because of a Lack of Testamentary Capacity”. Schklar & Heim. https://www.atlantalawfirm.net/invalidating-a-will-because-of-a-lack-of-testamentary-capacity/ 

“Self-Proving Affidavits”. NOLO. https://www.nolo.com/legal-encyclopedia/self-proving-affidavits.html 

“Is an Oral (Spoken but Not Written) Will Valid?” All Law. https://www.alllaw.com/articles/nolo/wills-trusts/oral-spoken-not-written-will-valid.html