Eventually, a judge approves the will and authorizes the executor to pay all the bills, such as taxes, administration fees, and executor's fees, and distribute the remaining assets to the named beneficiaries. It is best to structure as many assets as possible to be transferred to your bene ciaries automatically and immediately without having to go through probate. Each state requires that certain formalities be followed in order for a will to be valid. The witnesses' names and addresses must appear on the will. The sample will on pages 314-315 illustrates many of these points.
Some states permit video wills to be introduced into probate proceedings.
Even in a video will, the deceased has still signed a written document. Speak to a lawyer to learn more about the use of a video will if appropriate. To ensure the effectiveness of proper estate planning, it is necessary to consult a lawyer experienced in trust and estate work, especially if you own your own business, anticipate a potential challenge to your will by a disgruntled heir, have children from more than one marriage, have varied and significant assets, or wish to design an estate plan to minimize estate and inheritance taxes. Although there are many books published on how to create your own will and avoid probate, this is not recommended unless you have a simple estate with very few assets. Writing your own will can be a big mistake.