Selecting Documents to Display or Print

Several supporting documents print with your will, durable power of attorney, and health care directive.

When you make one of WillMaker’s more complex documents, your main document prints with several supporting documents. As you go to the preview screen, the program asks you which of those documents you want to print. Here are details for the:

  • Will
  • Durable Power of Attorney for Finances
  • Health Care Directive

Will

With your will, you can print your will document, a self-proving affidavit (in some states), and a letter to your executors. Below is a description of each document.

When you print your final copy of your will, you should make sure that all boxes are checked.

Will

This is your will. It prints with a few pages of instructions on how to sign it and make it legal.

Affidavit: For "Self-Proving" Wills

For a will to be accepted by a probate court, the executor must show that the document really is the will of the person it purports to be -- a process called proving the will. In the past, all wills were proved either by having one or two witnesses come into court to testify or swear (in written, notarized statements called affidavits) that they saw you sign your will.

Today, most states allow people to make their wills self-proving -- that is, they can be admitted in probate court without the hassle of herding up witnesses to appear in court or sign affidavits. This is accomplished when the person making the will and the witnesses all appear before a notary public and sign an affidavit under oath, verifying that all necessary formalities for execution have been satisfied.

If you live in a state that offers the self-proving option, Quicken WillMaker lets you print the correct affidavit for your state, with accompanying instructions. With the exception of New Hampshire, the self-proving affidavit is not part of your will, but a separate document. To use it, you and your witnesses must first sign the will as discussed above. Then, you and your witnesses must sign the self-proving affidavit in front of a notary public. This may be done any time after the will is signed, but obviously, it is easiest to do it while all your witnesses are gathered together to watch you sign your will. Most notaries will charge at least a minimal amount for their services -- and will require you and your witnesses to present some identification verifying that you are who you claim to be.

Many younger people -- who are likely to make a number of wills before they die -- decide not to make their wills self-proving, due to the initial trouble of getting a notary at the signing. If you are one of these people, file the uncompleted affidavit and instructions in a safe place in case you change your mind later

States Without Standard Self-Proving Laws.The self-proving option is not available in the District of Columbia, Maryland, Ohio or Vermont. In these states, your personal representative will be required to prove your will.

In California, Illinois, Indiana, and Nevada, the self-proving feature does not require a separate affidavit. Instead, the fact that the witnesses sign the will under the oath printed above their signatures is sufficient to have the will admitted into probate, unless a challenge is mounted. There is no need to take further steps to make a California will self-proving.

Executor's Letter

Quicken WillMaker helps you educate your personal representative. You have the option of printing out a document titled "Letter to Personal Representative," which you can give to the person you name to serve. That document offers guidance on the personal representative's duties, which may include:

  • deciding whether or not probate court proceedings are needed, and, if so, filing the will in the local probate court
  • deciding whether certain items may legally be transferred immediately to the people named to inherit them
  • sending notice of the probate proceeding to the beneficiaries named in the will, and, if necessary, to certain close relatives
  • finding and securing the deceased person's assets and managing them during the probate process
  • handling day-to-day details, such as terminating leases and other contracts, and notifying banks and government agencies of the death
  • setting up an estate bank account to hold money that is owed to the deceased person
  • paying continuing expenses, debts and taxes, and
  • supervising the distribution of property to the people or organizations named in the will.

Durable Power of Attorney for Finances

In addition to your durable power of attorney form, Quicken WillMaker Plus prints out several documents designed to help you and your attorney-in-fact. Here is a quick summary of these forms and what you should do with them. It's wise to print all the documents at once, following the instructions below, but you can also print individual documents later, as needed.

You may notice that one or more of the options on the list of forms are disabled and unavailable to you. Quicken WillMaker Plus makes available only the forms that are relevant to your personal situation, based on the answers you gave earlier in the program. For example, if you didn't give your attorney-in-fact the power to delegate tasks to others, your attorney-in-fact will have no need for a delegation form. To avoid confusion, Quicken WillMaker Plus makes that form unavailable here.

Information for the Attorney-in-Fact

This information sheet is intended to help your attorney-in-fact understand the job. It discusses the attorney-in-fact's duties and responsibilities, including the duty to manage your property honestly and prudently and to keep accurate records. You should give a copy to the person you named in your document, and take some time to talk together about the responsibilities involved.

Attorney-in-Fact's Delegation Form

If you're allowing your attorney-in-fact to delegate tasks to others, he or she may want to use Quicken WillMaker Plus's "Delegation of Authority" form. Give a copy to your attorney-in-fact. Or, if you've made a springing power of attorney, keep the form with your power of attorney document so your attorney-in-fact will have easy access to it later.

If you did not give your attorney-in-fact the power to delegate tasks to others, you have no need for this form and Quicken WillMaker Plus makes the option unavailable.

Attorney-in-Fact's Resignation Form

Your attorney-in-fact can use the "Resignation of Attorney-in-Fact" form to resign from the job. He or she should fill out the form and send it to the alternate attorney-in-fact. (If you named more than one attorney-in-fact, the one who resigns may send the form to the others.) Give a copy of this form to your attorney-in-fact along with your power of attorney document. Or, if your power of attorney is springing, keep the forms together in a safe place known by your attorney-in-fact; he or she can obtain them if it becomes necessary.

Revocation Form (Recorded Power of Attorney)

If you record your power of attorney (put it on file in the land records office) then change your mind and want to cancel the document, you must also record a Notice of Revocation. To do this, you can use Quicken WillMaker Plus's "Notice of Revocation of Recorded Power of Attorney" form. Keep a blank copy on file for future use.

A Notice of Revocation need not be witnessed, but having witnesses may be a good idea, especially if you have reason to believe that someone might later raise questions regarding your mental competence to execute the revocation. If you want to have your document witnessed, select the revocation form and choose "Yes."

Revocation Form (Unrecorded Power of Attorney)

If you don't record your power of attorney and decide to revoke it, prepare and sign a Notice of Revocation. Keep a copy of this form on file in case you need it later.

A Notice of Revocation need not be witnessed, but having witnesses may be a good idea, especially if you have reason to believe that someone might later raise questions regarding your mental competence to execute the revocation. If you want to have your document witnessed, select the revocation form and choose "Yes."

Health Care Directive

Here is a brief description of each health care document that you can display, print or export.

Health Care Document(s)

This is the health care document -- or documents -- that you made with Quicken WillMaker. When you select this option, you will also receive a few pages of instructions to help you sign and properly use your document(s).

Notice of Revocation

You may always change your mind and cancel a health care document. The best way to do so is in writing. Quicken WillMaker offers a revocation form that you can keep to use later, if you need it. For more information about revoking a health care document, see the signing instructions that print with your document.

Letter to Agent

Quicken WillMaker helps you educate your health care agent. You have the option of printing a document titled "Letter for the Health Care Agent" (if your state uses a different term for your health care representative, the letter will use that term instead of "agent"), which you can give to the person you've named. The letter explains what the job is about.

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