Do I Need to File My Will with the Court in Fort Worth?

Creating a will is a critical part of estate planning. It gives you control over how your assets will be distributed and ensures that your loved ones are cared for after your passing. However, many people in Fort Worth are unclear about what happens after their will is drafted. One common question is whether a will needs to be filed with the court right away or if that can wait until after death. While writing your will is an essential first step, understanding what happens next is equally important. Knowing the process for filing a will can help you and your family avoid potential issues in the future.

Creating a Valid Will in Fort Worth

Before we get into filing the will, it is important to understand how to create a valid one. In Fort Worth, and throughout Texas, a will needs to meet certain legal requirements to be considered valid. First, the person making the will, called the testator, must be at least 18 years old. There are exceptions for individuals who are married or serving in the military. Additionally, the testator must be of sound mind, and what this means is that they are fully aware of what they are doing and understand the implications of their decisions.

The will itself must be written down, and it must be signed by the testator. It also needs to be signed by at least two witnesses. These witnesses should not be beneficiaries of the will to avoid any conflicts of interest. While it is not necessary to have the will notarized, doing so can help avoid complications down the road. Once these steps are completed, you have a valid will, but there is more you must do.

Filing a Will with the Court: Is It Required?

A common misconception is that you need to file your will with the court as soon as it is created. In Fort Worth, that is not required. You can safely store your will at home, in a secure place like a fireproof safe, or leave it with an attorney for safekeeping. Some individuals choose to file their will with the local probate court while they are still alive, but this is entirely optional.

When Is a Will Filed with the Court?

The will is filed with the court after the testator has passed away. The executor will oversee taking this step. Note that the will must be filed without four years of death for it to be valid. Filing the will allows the probate process to begin, during which the court reviews the document to confirm its validity and oversees the distribution of the assets from the estate.

In Texas, probate is relatively streamlined compared to other states, especially if the will is uncontested. This means that, in many cases, the process can be completed quickly. However, if there are disputes or challenges to the will, the court process can take longer. The probate court will need to confirm that the will meets all legal requirements, that the testator was of sound mind, and that there were no outside influences on their decisions.

What Happens if a Will Is Not Filed After Death?

Failing to file a will with the court after the testator’s death can lead to serious legal complications. In Texas, if a will is not filed within four years of death, the estate is treated as if there were no will at all. This means that the estate will be distributed according to Texas intestacy laws, which may not reflect the wishes of the testator.

For example, if the testator intended to leave certain assets to specific individuals, those plans could be overridden if the will is not filed. The state’s default laws might divide the estate among close family members in a way that was not intended. This can lead to confusion, frustration, and even disputes among family members. It is also worth noting that failing to file the will can delay the entire process, leaving beneficiaries without access to the assets until the court sorts everything out.

To avoid these issues, it is critical to ensure that the executor files the will in a timely manner. Doing so ensures that the testator’s wishes are honored, and that the estate can be settled efficiently.

Creating a valid will is the first important step in estate planning but knowing how and when to file it is just as vital. If you are unsure about the legal requirements or need assistance in setting up your estate plan, consulting with an experienced attorney can provide valuable guidance. Act today to ensure that your final wishes are clear and properly executed by working with a lawyer or a qualified estate planning professional, as they can help you understand all that you need and what is needed for this process.