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It is also generally advisable to make a probate in cases where there is a problem with the will or in case the beneficiaries of the will have died before the testator. Thus, apart from the above criteria it is not compulsory to have a probate, and a will can be executed without one too.
The purpose of a mutual will is to grant the survivor of the two the property contained in the wills, and then to specified individuals after the death of the survivor. Further, mutual wills can contain clauses that they are not revocable without the consent of both parties.
A joint will can be a good idea if both you and your partner are in total agreement about how you want to distribute your property, your estates aren't complicated, and you only have a few beneficiaries.
Generally, a person named in the will can petition the relevant court for probate as a fiduciary (generally the nominated executor)....Generally, a will is validly executed if it is:in writing;signed by a mentally capable testator; and.witnessed by a specified number of individuals as provided by state statute.
Since every estate is different, the time it takes to settle the estate may also differ. Most times, an executor would take 8 to 12 months. But depending on the size and complexity of the estate, it may take up to 2 years or more to settle the estate.
A joint will becomes irrevocable when one partner passes away. This means that the surviving partner has no power to change the will, or how the estate will be distributed. This could present a major problem if their circumstances change.
A mutual will's purpose is to ensure that property passes to the deceased's children rather than to a new spouse if a living spouse remarries after the death of the other.
A joint will is one document signed by two people. A mutual will represents two individual wills that are signed separately, but are largely the same in content.
Probate Fees8% for the first $5,000. 5% for the next $10,000. 4% for the next $15,000. 3% for the next $20,000.
A Will has to be executed by the testator, by signing or affixing his thumb impression on it. It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will.