Medearis Law Firm, PLLC

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What Happens to My Will After I Pass Away?

A will is a primary tool for an estate plan. Although most people understand this, and know what a will is, people often have misconceptions about wills. You may ask, who gets a copy of my will, how is it handled when I die? During your lifetime, you should keep the original will in a safe place, where your loved ones can find it after your passing. Upon death, the will should be filed with the probate court in your county, along with an application to open the probate case.

The Executor Will Receive a Copy of the Will

A will is not filed with the court until after the maker of the will has passed away. The probate of a will, and a deceased’s estate, doesn’t begin automatically. Usually, the executor named in the will starts the process, after the maker if the will has died, by hiring an attorney to file the application. The original will is filed with the court at that time. If the original is lost, the applicant can seek to have a copy admitted in lieu of a lost original will.

Texas Probate Law: Beneficiaries are Entitled to Receive a Copy of the Will

It is usually a good idea to give a copy of your will to your executor and beneficiaries. During the probate process, the beneficiaries are entitled to receive a copy of the will as part of the probate process. The probate court will also require notice to creditors, so they can file claims against the estate for unpaid debts.

You can Provide a Copy of your Will to Anyone you Choose

During your lifetime, you can provide a copy of your will to any person that you choose. Ultimately, this is your opportunity to control your estate. You can also make provisions to make sure that friends, family members, or anyone else you choose will receive a copy of your will when the will is filed with the court for probate.

The probate process is public, in that the will and filings in the probate court, are generally publicly available court documents. The probate process is not confidential. There are, however, estate planning strategies that you can use to maintain privacy. For example, you might set up a trust and utilize other strategies to bypass the probate process.

Get Help from an Estate Planning Attorney

At Medearis Law Firm, PLLC, we can help you with estate planning, probate, property transactions, and answer related questions that you may have. If you are reading this because you are trying to handle the estate of a deceased loved one, we can help with this as well, with or without a will. Call us now to arrange your strictly confidential initial legal consultation. From our law offices in Friendswood, our firm provides solutions-driven estate planning representation throughout the entire state of Texas. We can meet with you in person or via live video online.