Is a Will Valid if Filed After the Date of Death?
|
Summary
Generally a will does not need to be filed with a court or have anything special done with it until after the person has died. |
“Is a will valid if the lawyer files the will at the courthouse after the death of his client? Example: Person died 12/2005. Will was dated 7/2003, however, was not filed until 12/2005 at the court house.”
While there is no way to tell what state you are in, in all states with which I am familiar, there is no requirement for a will to be “filed” prior to the death of the decedent. Indeed there is no requirement for a will to be filed at all unless and until the will needs to be probated (reviewed and acted upon) through a probate court, and by definition the decedent will have already died by then.
It is quite common that a will would be held in a safe place, such as the testator’s attorneys office, until after the person who made the will had died, and then filed, if necessary, with the court at that time.
|
Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody! |
Do I Pay Child Support althought I haven’t Filed for Separation from my Spouse?
If a Child is Already 18, Can the Father Be Made to Pay Child Support?
I Canceled My Membership, But the Company Still Charged Me, Can I Take Them to Small Claims Court?
For more on this subject check out these categories: Wills, Trust & Estate Planning
Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
