Technically, a person can write a holographic will. This is when you write out all your wishes on a sheet of paper in your own handwriting. As long as the will is written entirely in your own handwriting, it is legal to be filed in probate court. If you want the comfort and assurance that your wishes are followed exactly, it is best you work with a qualified and experienced estate planning attorney. An experienced attorney is familiar with the law and documents that will ensure that your plan meets your exact wishes.
What Factors Set The Stage For Probate To Occur?
If someone passes away without any kind of estate plan, no will, no trust etc., the stage has been set for a probate case to be opened. If there is no will, anyone related to the decedent can come forward to file a probate case and ask to be appointed personal representative of the estate. It is possible that it might not be who the deceased person would have appointed. Otherwise, in the state of Arkansas, we have laws of intestate succession. Every state has laws set up that determine how a person’s assets will be distributed in the event they pass away without a will.
Another way that probate case is set up is if a person dies with a will but without any other estate planning in place. If someone who has a will but no trust of other estate planning in place, a probate case must be filed.