State laws vary as to when custodians must file a decedent’s will with their local probate courts. Most states allow testators or will drafters to file their wills with their local probate courts before they die. This way, will drafters can avoid potential confusion as to where they stored their wills.
Although most state laws do not require you to probate your will while you are still alive, doing so may be a prudent course of action. By filing your will with the county clerk’s office, you do not have to worry about safeguarding your will or remembering where you stored it. After you file your will, nothing occurs until your death. After your death, someone admits it to probate by notifying the clerk’s office of your death. If you later decide to revoke your existing will and create a new one, you must be sure you file your new will with the county clerk. If you fail to file the new will, make sure your new will properly revokes your existing will. You can speak with our office regarding the steps you should take in creating a new will, revoking your last will and filing a new will.