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Do I need to file my Will with the county or state?

You don’t need to file your Will with the county or state while you’re alive. Your Executor/Personal Representative will handle filing it with the court after your death.

Updated over 2 weeks ago

No, you generally do not need to file your Will with the county or state during your lifetime. A Will is a legal document that becomes relevant only after your death.

When Is a Will Filed?

Your Will is typically filed only after your death, and that responsibility falls to your Executor/Personal Representative—the person you name in your Will to manage your estate.

At that point:

  • The Executor files the original Will with the local probate court

  • This begins the probate process, where the court validates your Will and authorizes the Executor to settle your estate

Should I Keep a Copy at the Courthouse or with an Attorney?

Most people do not file their Will with the court while living. Instead:

  • Keep the original signed copy in a safe place (e.g., fireproof home safe or secure filing cabinet)

  • Let your Executor or trusted family member know where to find it

  • Optionally, store a digital backup in your NetLaw account under “My Files”

Important Notes

  • Some states allow you to voluntarily register or deposit your Will with the probate court or a clerk, but it’s not required

  • Filing early does not make your Will more valid. Proper signing and witnessing are what make it legally effective.

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