Klenk Law

What Happens to the Original Will after it is filed with the Montgomery County Register of Wills?

Posted on Thu Feb 27, 2014, on Montgomery

Montgomery County probate clients sometimes believe that after filing the original Will with the Montgomery County Register of Wills, the Register will return to them the original document. Usually, this is because they have the experience of filing deeds with the Montgomery County Register of Deeds. After a deed is filed, it traditionally is mailed back to the buyer who may keep the original.

The process with the Montgomery County Register of Wills differs from the Register of Deeds. The original Will remains with the Register forever. The Montgomery County Register of Wills is required by law to retain the original Will. It is evidence, available to anyone, forever, of how the deceased’s property passed at their deaths. This is very important in order to trace back ownership and transfer of real estate.

Because the Montgomery County Register of Wills archives the original Will, the office will provide interested persons with the ability to obtain a copy.

Once Probate ends, the file is placed in long term storage where it is available, forever, to be examined by interested persons.

If you are the executor of a Montgomery County estate, make a copy of the Will before you file the original with the Register.

If you have any other questions about Montgomery County Probate, feel free to contact our office for a free consultation. Wills, Trusts and Estates, It’s all we do!

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