Will Codification refers to the process of formally establishing the contents and intentions of a person’s last will and testament within a legal framework. This process ensures that the will is recognized and enforced by the courts, often involving specific procedural steps to validate the document.
In the context of estate planning, will codification typically encompasses the drafting, signing, and witnessing of the will according to state law requirements. For instance, in Texas, a will must be in writing, signed by the testator (the person making the will), and attested by at least two credible witnesses who are present at the same time. This formalization helps to prevent disputes over the will’s authenticity or the testator’s intentions after their death.
Once a will is codified, it becomes a legal document that governs the distribution of the testator’s assets upon death. If the will is not properly codified, it may be deemed invalid, which could lead to the estate being distributed according to the state’s intestacy laws rather than the testator’s wishes. This underscores the importance of following proper procedures in the will codification process to ensure that the desired outcomes regarding asset distribution and other directives are honored.
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