Sometimes, when you pass away, the courts will freeze. Next time send that relative a photo of the gift you intended to give to her for christmas. A photo copy of a savings bond is totally worthless. The bank will laugh at you if you try to cash that.
Can I keep a copy of my will?
Who is entitled to see a copy of a will? Can an executor of a will hold onto the original will? How does the executor of a will know? Your Attorney If you had an attorney draw up your will, she would maintain a copy of it, but your executor will need to submit the original will to probate court. You can leave the original with her as well, but there are drawbacks to this.
The client would fill out a form with the client’s and the Executor’s contact information, and the Court keeps the original Will forever. It is not kept as a public document, and no one is allowed to review it until someone shows up at the Courthouse with the client’s death certificate.
Who keeps the original copy of a will ? If the executors of the estate have successfully applied for a grant of probate, the Probate Registry will be in possession of the original will. If the grant isn’t neede then the executors will hold onto the original will themselves. Either way, the executors should have a copy of the will or two around. Secon if you have the original will, it should be offered for probate by you.
Thir if you do not have the original will, file a petition to probate a copy of the will. Fourth, the fact that the lawyer who prepared is deceased is irrelevant. Having your attorney keep the original copy of your will can be beneficial if you are sure you will be retaining the same attorney or law firm for the remainder of your life. If so, the probate court has the original copy of the signed will, which becomes a matter of public record immediately after filing and is available to the general public.
You can request a copy of the filed will from the clerk of the probate court, although you will need to pay a nominal administrative fee to cover the costs of searching and reproducing the will. When filling a copy of a Will you must provide the court with an affidavit from at least one of the witnesses that signed the will (Georgia requires two witnesses). As noted above, the careful attorney will note where the original, signed Power of Attorney is kept. The attorney will also give copies to each appointed Agent, and will instruct that a copy of any Healthcare Power of Attorney be given to the client’s doctor.
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This isn’t an optional step. If an original exists, the copy has no bearing at all except to advise interested parties of the will’s existence and its entry into probate. Often, the attorney who drafted the will keeps the original in a secure, fireproof safe. Again, this creates its own problems. The survivors must be able to identify and find the attorney, assuming that person still practices law when the testator dies.
If a will has indeed been file an individual may procure a copy by appearing in court and paying the typical copying fee of $. If one is physically unable to appear in court, he may request a copy of the will by fax or mail, and furnishing a self-addressed stamped envelope to the court. Oh, and he is the one who drew up her will, also. Today clients who have living trusts normally keep the original copy. Having the attorney keep the original copy of the trust is not as important as keeping the original will used to be.
At death, a copy of the trust generally suffices for all parties in place of the original. Therefore, care should be taken that the original will is kept in a safe place. Some law firms ask their clients to be allowed to keep the original for safe-keeping and give the client a copy of their will with a stamp that says that the original is kept at the law firm.
Some attorneys will keep the original Will in a safe at the office or another secure location and provide you with a copy. Solicitors do not usually charge a fee to keep a Will and will usually give you a copy for your records. You do not have to tell your family members or friends that you have a Will, or what is in it, if you do not wish to.
However, it is recommended that you do let some people know that you have a Will and the whereabouts of the original document. They do this so they can probate the estates of their clients. When a client dies, their children read the copy of the will and call the attorney whose name is stamped in big bold letters on the first page. If the agent appears and requests the original in the attorney’s possession, the question arises whether the attorney has a duty to turn over the document. The original warranty deeds are often mailed to the grantee after they are recorded.
These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe. After that, paying of remaining bills, etc.