Last Will and Testament

The term “Will” literally refers to one’s “will” or “intent”.  A Last Will and Testament is the final expression of a Decedent’s intent.  Typically it expresses what the Decedent wishes to happen with their property, who is to handle the administration of the Decedent’s Estate, and other final instructions.  A Last Will and Testament is not effective in most instances until it is admitted into probate and recognized by the Court.  A Last Will and Testament does not avoid probate.  It merely operates as evidence of the Decedent’s intent to guide the Court’s decisions in the probate process.