From Our “Ask a Question” mailbag: “What Happens to the Original Will after it is filed with the Montgomery County Register of Wills?”

Most recently updated May 5th, 2018

Probate Attorney, Kelly Barse.

The Will after it is Filed.

Montgomery County probate clients sometimes believe that after filing the original Will with the Montgomery County Register of Wills, the Register will return them the original document. Usually, this is because they have the experience of filing deeds with the Montgomery County Register of Deeds. After the filing, a deed is traditionally 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. Maintaining the original document for future examination is essential to trace back ownership and transfer of real estate.

How to Obtain a Copy of a Filed Will.

Because the Montgomery County Register of Wills archives the original Will, the office will provide interested persons with the ability to obtain a copy. You can contact the Register and pay for a copy, or you can visit the office yourself. 

What Happens Once Probate is Complete?

Once Probate ends, the Register places the file in long-term storage.  Therefore, the Will remains available for future review.  For example, should a title company wish to confirm who received land at death, they can examine the original will.

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!

More Probate Questions?

If you have more probate questions, please read my more detailed article, Probate Process: All You Need to Know.

In Conclusion: The Will After it is Filed With the Register.

The Register of Wills takes the Will and death certificate, both then remain with the County.

Let our probate lawyers help walk you through the confusing probate process. If you have more questions, please call to speak to one of our experienced probate lawyers.  Our lawyers are 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

Peter Klenk, Probate Lawyer