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Does a Will need to be filed with the county office I live in for it to be legitimate? Or just a notary and 2 witnesses suffice?
Anonymous3 views3 answers
My Will (and Living Will with directives) has been notarized and signed by 2 witnesses. My Executor has a copy and knows what to do in my death, however, its not filed in my county. I want to ensure my Will is going to be a legal document once I die, and no problems. The Will is not filed in my county office.
Robert A. StumpfBankruptcy AttorneyStaten Island, NY ·
To my understanding in Texas (and NY) you can file your will if you wish, but it's not at all necessary. Few valid wills are filed, and it doesn't affect its legality,..it simply makes the process easier for your heirs or executor.
If the Will was properly executed, it is not necessary to deposit it with the County Clerk, although you have that option. The best advice I can provide is to keep the original estate planning documents in a place where they are safe (eg, from fire) but your executor or agent may have access to them if they are needed.
I agree with both of the prior responses. It is somewhat rare that documents are filed with the court for safekeeping. It *could* be a good idea, however, as I DO constantly hear of situations where a Will could not be located, and foul-play was suspected. If there is any likelihood of that happening in your case, you eliminate that risk by having the documents stored with the county for safekeeping. You are in a better position than we are to tell if there is someone who might gain by having your Will vanish without a trace. If that is possible, then it is safest to 1) let your executor know where documents will be found, and 2) provide the executor to be with a copy of your documents, and/or 3) file the Will with the county.
In addition, you do not mention whether or not you have executed a durable power of attorney for health care or financial matters. This is very important as it names someone of your choosing to take care of you and your affairs, if you ever become incapacitated. This eliminates the need for probate proceedings to appoint a guardian/conservator. All of these forms are best prepared by an attorney.
You are wise to take care of this. Many people choose not to do so, and their affairs are left to the vagaries of state law.
James Frederick