Key Takeaways
- Courts usually require the original, signed will, not a photocopy or draft.
- Early review helps identify who is in charge, who inherits, and what deadlines apply.
- Executors and trustees are fiduciaries with real legal responsibilities and personal risk.
- Elayne can help you organize, summarize, and prepare before legal review, saving time and reducing confusion.
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When someone dies, the will or trust becomes the roadmap for everything that follows. It determines who has authority, who receives assets, whether probate is required, and what legal duties the executor or trustee must carry out.
At the same time, estate documents are often written in dense legal language and may not reflect current family or financial realities. Reviewing them can feel overwhelming, especially while grieving.
That’s where a structured review matters. Understanding the will’s core instructions early helps prevent mistakes, family conflict, and delays. And while an attorney is essential for legal advice, Elayne can help you prepare by organizing documents, extracting key information, and clarifying what questions to ask.
What You’ll Need
Before you begin, gather:
- The original signed will or trust document
- Contact information for the drafting attorney or law firm, if known
- A notepad or spreadsheet to track names, roles, assets, and instructions
If probate is required, courts typically expect the original document, not a copy. If you’re unsure whether what you’ve found is the original, keep everything together and note where each version was found.
Step 1: Locate the Original Will or Trust
Finding the original document is often harder than expected. Start with the most common locations:
- Safe deposit box
- Home safe or fireproof lockbox
- Filing cabinets or home office files
- With the attorney or law firm that drafted the document
If you find multiple versions, don’t assume the newest-looking one is valid. Dates, signatures, witnesses, and state law all matter. Keep all versions together so an attorney can determine which document controls.
If no original can be located, probate may still be possible, but the process is usually more complex.
Step 2: Understand What the Will (or Trust) Actually Does
When you first read the document, don’t try to interpret every clause. Focus on the big structural questions that affect next steps.
Who Is in Charge?
Look for:
- Executor or Personal Representative (for a will)
- Successor Trustee (for a trust)
This person has legal authority, and responsibility, to carry out the instructions. If you are named, this is when your fiduciary duties begin.
Who Inherits What?
Identify:
- Primary beneficiaries
- Alternate or contingent beneficiaries
- Any age requirements or conditions (for example, funds held until a child reaches a certain age)
Note whether assets are distributed outright or through trusts.
Are Guardians Named for Minor Children?
If the deceased had minor children, look for:
- Named guardians
- Backup guardians
These provisions are especially important and often emotionally sensitive.
Are There Special Instructions?
Common examples include:
- Specific gifts (jewelry, artwork, real estate)
- Charitable donations
- Instructions about funeral, burial, or memorial preferences
Write these down clearly. Even if some instructions are not legally binding, they often guide family decisions.
Step 3: Organize Key Information (Before Legal Review)
As you read, create a working list that includes:
- Names and contact details of:
- Executor or trustee
- Beneficiaries
- Guardians
- Any deadlines or timing requirements
- Assets specifically mentioned in the document
- Instructions that could affect taxes, timing, or disputes
This is where Elayne can help. Elayne AI can extract and organize this information into a clear summary, helping you see the structure of the estate without interpreting legal validity.
What Elayne Can Help With (and What It Can’t)
Elayne is not a replacement for an attorney, but it can make legal conversations far more productive.
Elayne Can Help You:
- Organize and store estate documents securely
- Extract key names, roles, and instructions
- Flag areas that commonly raise questions (multiple beneficiaries, missing assets, unclear roles)
- Prepare a clear summary to bring to an attorney
- Track next steps and deadlines tied to the document
Elayne Cannot:
- Determine whether a will is legally valid
- Interpret state-specific probate law
- Resolve disputes or give legal advice
Think of Elayne as helping you get oriented and prepared, not replacing legal counsel.
Step 4: Review the Will With an Attorney
Once you’ve organized the basics, schedule a review with:
- The attorney who drafted the document
- A probate or estate attorney in the state where the deceased lived
Use this meeting to:
- Confirm whether the will or trust is valid under current state law
- Determine whether probate is required, and what type
- Clarify the executor’s or trustee’s duties and potential liabilities
- Identify any red flags, such as:
- Disinherited heirs
- Outdated guardians or beneficiaries
- Assets not covered by the document
- Conflicts between the will and how assets are titled
Bringing organized notes, rather than questions formed on the spot, can save time and legal fees.
How This Step Fits Into Estate Administration
Reviewing the will is not just a formality; it shapes nearly every other task, including:
- Whether probate must be opened
- Who has authority to access accounts
- How assets are distributed
- What notices and filings are required
- How long administration may take
Delaying this step often leads to wasted effort, because actions taken without proper authority may need to be redone.
Common Challenges Executors Face
People reviewing wills often run into issues such as:
- Original documents that are missing or incomplete
- Multiple versions with conflicting instructions
- Legal language that’s hard to interpret
- Documents that don’t reflect marriages, divorces, or new children
- Handwritten or DIY wills that face extra scrutiny
- Family disagreements surfacing immediately
Recognizing these challenges early helps you slow down, document everything, and get proper guidance.
Why Early Review Protects the Executor
Executors and trustees are fiduciaries, meaning they must act carefully and in the best interests of the estate and beneficiaries. Mistakes, such as distributing assets too early or ignoring instructions, can lead to personal liability.
Early review helps:
- Clarify authority before action
- Prevent premature distributions
- Reduce conflict and confusion
- Protect the executor from avoidable risk
This is especially important when family dynamics are complex.
Conclusion
Reviewing a loved one’s will or trust is one of the most important early steps in estate administration. It establishes authority, clarifies responsibilities, and sets expectations for everyone involved.
While legal review is essential, you don’t have to start from scratch. Elayne can help you locate documents, organize information, and prepare for conversations with attorneys so you’re never guessing what comes next.
If you’d rather not navigate this process alone, Elayne can support you at every step, from document organization to coordinated legal review.
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FAQs
Q: What if I can’t find the original will?
Probate may still be possible, but the process is often more complicated. An attorney can advise on next steps.
Q: Do I have to follow funeral instructions in the will?
They're not always legally binding, but often honored if practical.
Q: Can Elayne tell me if the will is valid?
No. Validity must be confirmed by an attorney under state law.
Q: What if family members disagree with the will?
Disputes are handled through the probate process. Early legal guidance is important.
**Disclaimer: This article is for informational purposes only and does not provide legal advice. Estate laws vary by state, and individual documents matter. Consult a licensed attorney for guidance specific to your situation.
