Is a Will legal if is completed at home but not filed with the local courthouse?
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Is a Will legal if is completed at home but not filed with the local courthouse?
I have a legal program on my home computer. I want to complete a Will for both my mother and I.
Asked on May 2, 2011 under Estate Planning, Florida
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 filed before the maker's (testator's) death. As long as it complies with all state requirements for the proper execution of a Will. Yet while not required, you can have a copy your Will deposited the Probate Court for safekeeping (in the county in which you reside). Typically there is a nominal fee for this. However any changes to your Will would necessitate redepositing the amended 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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