From Our “Ask a Question” mailbag: “Can I file my Will with the Montgomery County Register of Wills after I have signed it, but before my death?”

Most recently updated May 5th, 2018

Estate Planning Lawyer, Kelly Barse.

File My Will, How It’s Done (or not done).

The Montgomery County Register of Wills cannot hold or file your Will until after you have died. Your executor will go to the Register’s office in Norristown with the original Will, an original death certificate, an ID and a check. After verifying all is in order, the Register will then file the Will. There is no Pennsylvania procedure to hold Wills of the living.

Keep Your Will Safe.

Protecting your original Will is vital. We strive to keep your Will safe and secure. All your planning could mean nothing if the Will is destroyed or lost.

Where to Keep Your Will?

Some people keep the documents in safe deposit boxes or other secure locations. But, after your death, accessing this box can be a problem.  Our clients usually retain their original documents in my office, where I store them in fireproof safes. This is a free service.

We send summaries of the documents to the clients twice a year to remind clients of the documents’ terms. This updated summary makes the probate process easier for the executor, as securing the Will is simple; all they need do is call my office and prove to me that the client has died. It also provides the client with privacy, as the executor need not have the original Will or even a copy. Most people do not want others to know the Will’s terms until after they have died. If the original Will is kept in my fireproof safe, the executor does not need to know the terms. All the executor has to remember is to call my office after the client has died.

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!

In Conclusion: Can I file my Will with the Montgomery County Register of Wills after I have signed it, but before my death?

In short, no.  Your executor files your Will after your death, not before.  If you have more questions, please call to speak with one of our experienced estate planning lawyer who is ready to answer your questions. Further, I included links to even more detailed information on my website.  So, let me know how I did, comments and questions are welcome!

Furthermore, I would be happy to answer your questions.  If you have any other matters feel free to contact our office for a free consultation. We try to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

Estate Planning Attorney, Peter Klenk