1. If I make a will, do I have to register it with a will registry?
If you choose to write a last will and testament, you have no obligation to file that document with a will registry. Though there are some states which have will registries, or allow you to file information where your will can be found, that type of registration is never required. All you have to do to make a will is ensure that it complies with state requirements, and filing your will with state will registry is not one of those.
2. If I choose to register my will, will that make it legal?
Not by itself. Though registering your will can make it easier for your estate to locate the document after you die, it in no way affects the legality of that document. A court will have to determine if your will meets the legal requirements of your state. Whether you register the will or not has no impact on the court’s decision.
3. What should I do if my state does not have a will registry?
Because will registries are not a requirement, some people in states that do not have official will registries can be confused into thinking that they are somehow left out if they do not file. A will registry can be helpful if you want to ensure that your will can be easily found after you die, but it is not the only method to do this. As long as you keep your will in a secure place and notify others of where it is located, this can ensure that your family will have no difficulty finding the document when the time comes.
Latest posts by Michael Robinson, Estate Planning Attorney (see all)
- Beneficiary Designations, etc., Aren’t a True Substitute for a Trust - April 17, 2019
- What Are 529 Plans and What Are Their Advantages? - April 17, 2019
- Have You Heard of These Trusts? - April 16, 2019