Moreover, even if right now you don't think probate will be required, you might be wrong. But you should file the will even if you don't think there will be a probate proceeding. Probate isn't always necessary-for example, it won't be needed if all or most of the deceased person's assets will pass through a trust that avoids probate, go to a surviving co-owner by the right of survivorship ( some retirement assets, for example), or be transferred by a beneficiary designation (like a payable-on-death bank account). If You Don't Think There Will Be a Probate Proceeding Some states or counties, however, don't charge anything. Often, there's a fee for filing the will.

Where to Fileĭepending on custom in the county, you'll deposit the document with the probate court, county clerk, or 'register of wills.' If you're not sure where to go, you can find out the right place by inquiring at the court. For example, a creditor or someone who is supposed to inherit under the will could be harmed if it's not filed until the deceased person's property has already been distributed. If you don't file the will, it's possible that you could face a lawsuit from anyone who suffers losses as a result of your failure to promptly turn the will over to the court. The filing of the will starts the probate process. Most states impose a deadline of ten to 90 days after the death, or after you receive notice of the death. In most states, anyone who comes into possession of an original signed will of a deceased person is required by law to file (record) it in the courthouse of the county where the person resided. (If there is no will, see What Does The Executor Do When There's No Will?) State Filing Requirements But you actually shouldn't hang on to the will very long instead, you should promptly file it with the local court. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.Īfter you find the will, then what? Well, of course you want to keep the original in a safe place, and make a couple of copies as well. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. You should not send any sensitive or confidential information through this site. Your number will be held in accordance with our Privacy Policy. You will receive up to 2 messages per week from Martindale-Nolo. Attorneys have the option, but are not required, to send text messages to you. You are not required to provide consent as a condition of service. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology.

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