Do i have to file my will with the court

Asked over 1 year ago - Southington, OH

Do I have to file my will with court, it was witnessed and notarized

Attorney answers (4)

  1. Justin Jay Watling

    Contributor Level 15

    4

    Lawyers agree

    Answered . I agree that FILING the Will is needed only after you die and only if there is a reason to open a probate estate.

    However, you may elect to DEPOSIT your Will with the Probate Court for safekeeping. Unlike other Probate Court files, the Will is not subject to public scrutiny. Only you will be able to access or remove the Will once it is deposited. Some people opt for the deposit of a Will as a way of keeping it safe and protected from theft or accidental destruction.

    Also, in Ohio, you ought to consider using some probate-avoiding techniques so that your intended beneficiaries do not have to go through the lengthy, time-consuming, aggravating, expensive process that probate can be.

  2. Timothy E. Angley

    Contributor Level 6

    4

    Lawyers agree

    Answered . No, you do not file your will with the courts. You place the will in a safe place that your family will know where to find it when the time comes. A will is submitted to the courts only when your estate is going through probate.

    ** All answers are based on personal opinion and in no way are to be considered legal advice between an attorney... more
  3. Steven M Zelinger

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . The other attorneys offer good advice. As you can see OH has as deposit procedure - this is not the case in all states.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  4. Nicholas A Mircovich

    Contributor Level 4

    Answered . Great advice from all Counsel. There is no requirement to file your will with the court. However, keep the will in a safe place and let your executor and loved ones know of its location. I know of many instances where family members of a deceased person spent hours searching for their will. This is just added stress for family members already grieving.

    I recommend using the court service if they provide safekeeping. Another option is a safe deposit box.

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