Where to Record a Last Will & Testament

by April Kohl
    Recording your will with a document recording company will keep it safe.

    Recording your will with a document recording company will keep it safe.

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    Wills that are recorded become a matter of public record, which makes them easier to find when the time comes to use them. Although wills do not have to be recorded, the advantages of always knowing that they are stored on file, ready to use, can outweigh the disadvantage of anyone being able to access them.

    Probate Court

    Some states allow a will to be recorded at the probate court with jurisdiction over the area where the testator resides. The will must be the original, as copies are generally not accepted, and the will must be accompanied by affidavits by the witnesses that they witnessed the testator sign the will. This form of recorded will is often referred to as a “self-probating" will.

    Document Recording Companies

    Many companies offer document holding or recording services. The companies store important documents for a fee, which makes them a useful service for anyone who does not wish to risk keeping the documents at home. The downside of using a document recording company is that unless they are notified of the client's death, they will not know to release the will. Therefore, it's a good idea to keep some record of where the will is located.

    Considerations

    When recorded at the probate court, a will becomes a document on the public record. This means that anyone can access it, so anything in it cannot be kept secret. As a result, it is usually a good idea to keep the will factual and refrain from mentioning anything that would be regarded as a family secret.

    Warning

    The will must conform to state laws on wills in order to record a will at the probate court. This is not always true of documents stored with recording companies, but where a will does not conform to state law, it risks being declared invalid. To avoid this problem, it may be best to have an attorney draw up a will.

    References & Resources

    About the Author

    Based in the United Kingdom, April Kohl has been writing since 1992, specializing in science and legal topics. Her work has appeared on the Second Life News Network website and in British Mensa's "LSQ" magazine. Kohl holds a Bachelor of Science in physics from Durham University and a diploma in English law from the Open University.

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