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Probate laws vary in different jurisdictions.

Generally, if there is real property in the estate the will must be probated in order to vest legal title in the heirs. If there is personal property such as bank accounts, investment accounts, a car, home furnishings, etc., the estate must be probated through the probate court.

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10y ago
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14y ago

Not when it is written - although SEVERAL people should know where it is kept filed. However, when the will writer is deceased, the will MUST be filed with the court in order to begin the probate and inheritance process.

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13y ago

In most places a Will can be filed with the probate court while the testator is living, for safekeeping. That would be a voluntary procedure. Most people simply keep their Will in a safe place or filed with their attorney.

Once a testator has died their Will must be filed for probate in order for property to pass to the beneficiaries. Title to real estate cannot pass to the heirs unless an estate is probated with or without a Will. Once a Will has been submitted for the probate process it becomes a public record and anyone can visit the court and obtain a copy.

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12y ago

NO, a will is kept in the custody of the person or the appointed executor. Once the person is deceased the executor would file it and start the probate process.

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