Does a Will have to be recorded to be legal?
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Does a Will have to be recorded to be legal?
Asked on June 24, 2011 under Estate Planning, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no legal requirement that a Will be recorded or filed before the maker's (testator's) death. However, while not required, you can have a copy your Will deposited the Probate Court for safekeeping; you would do this in the county in which you reside. Typically there is a small fee for this. Although you should be aware that any changes to your Will would necessitate redepositing the codicil (amendment to a Will for small changes) or new Will. Additionally, in the case you move you will need to deposit a copy in the Probate Court of your new county.
Note: Obviously, upon your passing, you Will needs to be filed with the probate court.
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