Can I Act as the Named Executor on a 20+ Year Old Will from my Now Deceased Ex-Spouse?

Any Last Will and Testament that is in possession of the Executor or Executrix can be submitted to the probate court for administration upon the death of the Maker.  How that Will will be treated by the Probate Court depends upon a number of issues.

If another Will exists which is post-dates the document that is in your possession, it can also be submitted to the probate court — and that document would supersede your pre-dated Will.

In order to avoid incurring the time and cost of attempting to probate a Will that may no longer have any force and effect, an inquiry about a subsequent Will may be made to the decedent’s other relatives.

Further, state law may alter the effectiveness of a Will covering a person who was married and legally divorced, as a divorce can terminate rights to receive benefits under a Will.

For advice specific to any personal legal questions and applicable state laws, Standard Legal always recommends you consult an attorney; you can find one for FREE at Standard Legal’s Attorney Find Page.

To create a valid and affordable Will without the expense of an attorney, see Standard Legal’s Last Will and Testament legal forms software page.