Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
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