How Long Does an Executor Have to File a Will with the Probate Court?

You know that filing the will with the probate court is one of the 15 primary duties of an executor, but when should you complete this step? When should you probate a will?

Don’t Delay 

In the case where you know you will be serving as executor because the deceased prepared you in advance, you likely know where to find the will and probably even know the deceased’s estate attorney who prepared it and can help file the will with the probate court. 

Loved ones who do not know who will serve as the executor should try to locate the deceased’s will by looking where the deceased kept important documents or talking to the deceased’s attorney, who may have a copy.  

In short, do not delay in locating the will and filing it with the probate court. But you do not have to act so quickly that you try to complete this step while also preparing for the funeral.  Typically, a delay of a few days, or even a couple of weeks is fine. You will likely have to have a copy of the death certificate and that can take a few days to obtain.  

Keep in mind that, depending on state laws, you may be required to file the will with the probate court within 30 days of the death, so don’t delay!

Don’t Panic

What if you can’t find the will easily? Or what if you know the deceased did not have a will (what is called dying intestate). Even if there is no will, there is still a filing that must be made with the probate court, and while the term is different (administrator as opposed to executor), there will still be someone responsible for the final administration of the estate.  

Remember that you don’t have to do all of this alone.  Hiring the right team to support you, especially an estate attorney who can complete the right legal paperwork, is important and is paid for out of the estate assets, not your own pocket. 

Conclusion

Filing the will with the probate court is a vital step in fulfilling your duties as an executor. By doing so without delay you can help ensure that the estate administration process begins smoothly. 

What other duties does an executor have? Check out executor.org’s custom plan for a step-by-step guide to completing each and every executor task.