LAST WILL & TESTAMENT

Where Are Last Will & Testaments Recorded?

By Marie Murdock

March 29, 2020

Reviewed by Legal Expert

Learn About Our Review Process

Our Review Process

We write helpful content to answer your questions from our expert network. We perform original research, solicit expert feedback, and review new content to ensure it meets our quality pledge: helpful content – Trusted, Vetted, Expert-Reviewed and Edited.

Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields.

Our commitment is to provide clear, original, and accurate information in accessible formats. We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content.

For 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place.

Read more about our editorial standards.

How to File a Will in DuPage County, Illinois

Learn More →

••• Jupiterimages/Photos.com/Getty Images

Whether you're looking for a deceased relative’s last will or are just curious as to when wills become public record, most states have similar procedures for filing wills for probate after death, even though the names of the public offices may differ slightly.

Deed Records

You may mistakenly believe that a will should be recorded before death. You may even have filed your will in the deed records in the county where you own real estate. This accomplishes nothing toward the disposition of property, and only serves to inform the public of your last wishes. Although there may be nothing detrimental about recording your will in this way, it erases all privacy regarding your estate matters, which ordinarily do not become public record until after death when your will is admitted to probate in the proper court.

Read More: How do I Find Last Will Records?

County of Residence

If you are the named personal representative, or executor, in a will, you will ordinarily be the person who presents the will and appropriate petitions to the probate court upon the death of the decedent. Under most state laws, probate will take place in the decedent’s county of residence at the time of his death. As a personal representative, you will not be given full authority to act in managing the affairs of the decedent’s estate until you receive an order, referred to as “letters testamentary,” from that county’s probate judge.

County or Property Ownership

The decedent may have owned property in two different counties in the same state, but it is not necessary to probate the will in both counties. To perfect the real property records of the non-resident county, however, as personal representative, you should record a certified copy of the will in the county of non-residence. This will put the public, and specifically any title examiner who must perform a title search of the decedent’s property, on notice as to the decedent’s death and the disposition of her property.

Out of State Property

If the decedent owned property outside his state of residence, however, it will be necessary, in order to sell the property in that state, to file an ancillary, or foreign, probate proceeding in the county where the property lies. Some people may choose to file immediately after the will has been admitted to probate in the decedent’s state of residence, while others may choose to wait until they have a buyer for the out-of-state property to begin the ancillary proceeding.

References

Writer Bio