Recording your Will: With the Court vs. With the Auditor

by Katy Sheehan on March 26, 2010

in Resources

Experiencing various life circumstances, we think about many things that didn't bother us before, for example, "making a will", buy cheap articles and read more about what it is. If you take the time to make a Will its a good idea to put it somewhere where its going to be safe.  Typically, in the movies the old rich grandfather puts his Will in a safety deposit box at a bank, in a locked desk drawer, or finally, in a secret safe behind the painting of “Dogs playing Poker.”

In real life there is a much better alternative.  You can record your Will by filing it with either your County Superior Court’s Will Repository or with your County Auditor.   This ensures that the original Will is kept safe and will not be altered.  The only draw backs are that if you wish to make changes to the Will then you should also file those changes, thereby necessitating another trip down to the offices of the courts or the auditor.  On the other hand the benefit of not having to worry about your Will’s location is worth that little extra effort.

If you file your Will with the Superior Court’s Will Repository then the document is not public information.  The Will becomes public information at the time it is probated with the Court after the testator’s death.  On the other hand if you file the Will with the County Auditor, it is for safe keeping only and it immediately becomes public information.  You have the choice as to whether or not this is important to you.  The fees will depend on which place you choose to file your Will.


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