Tuesday, December 1, 2009

Step 1) Handle funeral arrangements


The funeral arrangements will be simple under the following two scenarios:
  1. You know that there is no will (intestate) and you are the next of kin

    • Proceed with what you know were the wishes (if any) for the funeral arrangements

  2. If you have the will (testate), you are the named executor, and you plan to serve:

    • Follow the directions (if any) in the will to the best of your ability subject to constraints of money, time, and reason.
Life is more complicated when the will is not easily found and there is some evidence that one exists or that the copy that you have is not the most recent one.  The primary complications here are as follows:
  • Where is the latest copy of the will?
  • Is the executor for the estate well defined?
If no obvious copy of the will is available then check the following:
  • Check with any attorney that the decedent might have created a will with to get a copy.
  • See if there is a safety deposit box with the will.

    • If the will is in a safety deposit box then in Washington state you will have to petition the court to have the safety deposit box opened if you do not have access to it.
If you find a will then check with the attorney who prepared the will to make sure that it is the latest copy to his knowledge.


To facilitate probate you want to make sure that:
  1. The will is easily available and indicates clearly who the executor will be

    • Keep a certified copy of the will in your files if the will is in a safety deposit box

  2. The executors specified in the will are informed that they are potential executors of the will

    • They should be familiar with where to find the will

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