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 10 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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