We generally don’t like to think about a Last Will and Testament because it is a reminder of our mortality and therefore many people delay having their Will prepared until it is too late. If one should die without a Last Will and Testament his or her Estate will pass to their heirs by the law of intestacy without regard to the deceased person’s wishes or the needs of their family. It is therefore recommended that you should at least meet with an attorney to discuss what needs you might have that would justify you having a Last Will and Testament.
The formation of an Estate is not always necessary when someone dies. If the Last Will and Testament is carefully prepared, many times there is no need to open an estate. In other instances it is necessary to open an estate in order to see that the conditions set forth in the Last Will and Testament are carried out. Sometimes carrying out the terms of the Last Will and Testament can be contentious and the best way to avoid that is to have a properly prepared Last Will and Testament.