Filing a will with the probate court and opening probate are separate actions. A will can be filed whether or not probate is needed. Probate is needed only under certain circumstances, such as when the decedent died owning probate assets. Some states require the filing of the decedent’s will with the court within a specified time after the decedent’s death.
The consequences for failing to file a will vary by state but may include being held in contempt of court or payment of fines. Additionally, the person in possession of a will might also be subject to litigation by beneficiaries who stand to benefit under the will.
If you have a decedent’s will in your possession, we recommend that you work with an experienced probate attorney who can assist you in determining whether a probate must be opened and whether the will needs to be filed. Call to schedule an appointment.
