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Legal Requirements for a Valid Will Sign the will or have another person sign it at his or her direction and in his or her presence. If not completely written by the testator, there must be two or more credible witnesses who attest to the will in the testators presence.
Upon the death of the testator, the will is typically filed with the chancery court in the county where the deceased resided. Once the will is filed, it becomes a matter of public record, allowing interested parties to access and review the document.
Invalid will. Wills have specific requirements to be valid; if those requirements arent met, the will could be contested and declared invalid. Those requirements include the following: The testator must be at least 18 years old. The will must be witnessed and signed by at least two people who arent named in the will.
To be valid in California, a handwritten will must be entirely in the handwriting of the testator, the person creating the will, and signed by the testator. Anyone who creates a will in California must be at least 18 years of age.
Mississippi law holds that a will entirely written in the testators handwriting and signed at the end (a holographic will) is a valid will. Otherwise, Mississippi Code Section 91-5-1 establishes the following requirements for a valid will or codicil.

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If the decedent has a spouse but no children, the entire estate passes to the spouse. Parents, Siblings, and Descendants of Siblings. If the decedent has no spouse or children, his or her assets are distributed among his or her parents, siblings, or descendants of siblings.
Further, not only can a will be filed with the court when a probate is not needed, some state laws actually require it. Some state laws require the person who has possession of a decedents will to file it with the court within a reasonable time or a specified time after the date of the decedents death.

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