Do I Have to File My Will with My County? An Informative Guide to Completing Your Estate Plan

Estate planning can feel overwhelming, but it doesn’t have to be complicated. One question we frequently hear is, "Do I have to file my will with my county?" The short answer is: No, you don't file your will with your county while you're still alive.

 In this guide, we’ll walk you through what to do once you complete your will and address related questions to help you secure your legacy—while also explaining how Notary on the Fly NW can support you through the process.

What to Do Once You Complete Your Will

Once your will is drafted and ready, there are several important steps you should take to ensure it’s valid, secure, and effective:

1. Proper Execution of Your Will

• Signing Requirements: Your will must be signed by you (the testator) and witnessed by at least two impartial individuals. These witnesses should be over 18, ideally not related or beneficiaries, to prevent any conflicts of interest.

• Notarization: While notarization isn’t required for a will to be legally valid, using a notary along with a self-proving affidavit transforms your will into a self-proving document. This means that your witnesses won’t need to appear before a probate judge, streamlining the process. It’s highly recommended to make your will self-proving—unless it’s a pour-over will that’s part of your trust.

2. Safe Storage

• Home or Safe Deposit Box: Store your will in a secure place. Many choose a home safe or a bank safe deposit box. Make sure that your executor or trusted family members know where it’s kept.

• Electronic Copies: Consider keeping a digital copy stored securely online or on an encrypted device as a backup. However, remember that only the original document is legally recognized.

3. Regular Reviews and Updates

• Life Changes: Revisit your will periodically, especially after major life events such as marriage, divorce, the birth of children, or significant changes in your financial situation.

• Legal Compliance: Ensure that your will complies with the state laws where you reside. Updates might be necessary if the law changes or if your circumstances evolve.

Common Estate Planning Questions Answered

Do I Need to File My Will with My County?

• Privacy and Control: Your will remains a private document until you pass away. It is not required to be filed with your county. Instead, it is submitted to the probate court only after your death.

• Probate Process: After your passing, your will is filed in probate court where it is reviewed to confirm its authenticity and to oversee the distribution of your assets.

• Should I Notarize My Will?

• Enhancing Credibility and Efficiency: While notarization isn’t legally required to validate your will, adding a notary and including a self-proving affidavit elevates your document into a self-proving will. This extra step confirms the authenticity of your signature and ensures your will is recognized as properly executed—eliminating the need for your witnesses to appear before a probate judge. This not only simplifies the legal process but can also help reduce the high costs and lengthy delays of probate, which can place a significant financial burden on your family. Making your will self-proving is highly recommended unless it’s a pour-over will integrated into your trust.

• Professional Guidance: Leveraging the expertise of a service like Notary on the Fly NW ensures that your will, along with other critical estate planning documents, is notarized accurately and efficiently. Our specialized process adds an extra layer of legal protection and streamlines the probate process, saving your family both time and money during an already challenging period.

Where Else Should I Store My Estate Documents?

• Additional Documents: Besides your will, you might have other essential documents like trusts, powers of attorney, and healthcare directives. Keeping all these documents together in a secure location—and letting your trusted contacts know where they are—ensures a smoother process during a difficult time.

• Digital Backups: While the original documents are most important, digital backups can help in situations where quick access is needed by your executor or family members.

Why Choose Notary on the Fly NW?

Navigating estate planning can be complex, but you don’t have to do it alone. Notary on the Fly NW offers expert mobile notary services to help you execute your will and other estate planning documents with confidence.

Our Advantages:

• Expertise in Estate Documents: Our notaries are trained in handling wills, living trusts, powers of attorney, and other critical documents. We ensure everything is signed, witnessed, and notarized according to legal standards.

• Convenience: We provide mobile services—coming directly to your home, office, or other convenient location. This means you can finalize your documents in a familiar environment.

• Flexible Support: Whether you’re a DIY estate planner using online services or working with an attorney, our services add the professional touch that validates your documents.

• Peace of Mind: With our reliable notarization, you can be confident that your estate plan is set up to be executed exactly as you intend, protecting your legacy and providing for your loved ones.

Final Thoughts

While you do not need to file your will with your county during your lifetime, proper execution and storage are crucial steps in the estate planning process. By ensuring your will is signed, witnessed, and preferably notarized, you safeguard your final wishes and facilitate a smoother probate process for your family.

If you’re ready to secure your legacy with confidence, Notary on the Fly NW is here to help.

Contact us today to learn more about our mobile notary services and how we can support you through every step of your estate planning journey.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Please consult with a legal professional for advice tailored to your specific situation.