Legal Question in Wills and Trusts in Washington

Re: excurtor

Every three to five years, it is wise to review your estate planning documents, including your will, to make sure that they are legally up-to-date and still appropriate for your unique situation.

With the improvement of word processing and scanning technologies, it is often more convenient simply to make a new will -- even if it contains substantially similar language to one that is being revoked. The formalities and witness requirements for a valid will or codicil are the same, so you might as well re-examine the whole thing.

The need to change a Beneficiary or Personal Representative (a/k/a "P.R." or "Executor") designation presents a fresh opportunity to see whether your old will does as much for you and your heirs as it could. For example, I frequently see older client wills that do not contain a "self-proving affidavit," do not waive the bond requirement for the P.R., do not grant "Non-Intervention Powers," and/or were prepared with a much lower federal estate tax threshold in mind than exists now. It is best to review your changes with an attorney who has recent experience in spotting estate planning issues, or you may miss something important.

Re: excurtor

The answer is not quite simple. You simply cannot change the executor by using a form. Changes to a will are done by means of a Codicil, which is a formal document that changes or amends a pre-existing will. A codicil must be written the correct way and must be witnessed by two witnesses by signing before the testator and all signatures must be notarized so that the witnesses don't have to be found years later. You should see a lawyer to do it right. Good Luck!