Is a will public record? 19 Answers as of November 05, 2013

Is a will public record or a private document? If it goes to court will it become public or is it always public?

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Law Office of Thomas C. Phipps | Thomas C Phipps
It is a public record once filed with the court.
Answer Applies to: Missouri
Replied: 11/5/2013
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
If the will was lodged with the court to initiate probate proceedings, the will becomes a public document. Until someone presents the will to begin the probate process, the will is a private document.
Answer Applies to: California
Replied: 9/23/2013
The Law Offices of Juliet Gavriel
The Law Offices of Juliet Gavriel | Juliet Gavriel
A will is a public document.
Answer Applies to: New York
Replied: 9/20/2013
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
It is supposed to be a filed with the county probate court regardless if it is probated. However, many Oregon counties will not file the Will unless a probate court proceeding is started.
Answer Applies to: Oregon
Replied: 9/18/2013
Stephens Gourley & Bywater | David A. Stephens
It is private until it is published. Then it is public.
Answer Applies to: Nevada
Replied: 9/18/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    It is private, until it is submitted to the court for probate. Then it is public.
    Answer Applies to: Oregon
    Replied: 9/17/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Not until filed with the court after death of the maker of the will, technically upon death before filing with the court, the will comes into existence.
    Answer Applies to: California
    Replied: 9/17/2013
    Law Offices of R. Christine Brown | R. Christine Brown
    A Will is not a public record in CA, if the person executing the Will is still alive. When a person dies and their Will is filed with the Court so that the court can open probate, the Will is part of the Court's file. The file can be viewed by the public.
    Answer Applies to: California
    Replied: 9/17/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    If the will is probated, then it is a public record.
    Answer Applies to: Michigan
    Replied: 9/17/2013
    Danville Law Group | Scott Jordan
    A will is a private record unless the drafter decides to record the will with the county recorder. If the will needs to be probated, it must be filed with the county court and becomes a public record. If the drafter wants to keep their estate private, they should consider a trust, which usually does not require court supervision.
    Answer Applies to: California
    Replied: 9/17/2013
    James Law Group
    James Law Group | Christine James
    It is only public once lodged with the court. The law requires a will be lodged with the court within 30 days after the maker of the will dies. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
    Answer Applies to: California
    Replied: 9/17/2013
    Frederick & Frederick PLC | James P Frederick
    A Will is a private document until death, at which time, it becomes part of the public record. The only way a Will can be effective is by being admitted to probate. Once admitted to probate, anyone who wants to can get a copy of the Will or review it in probate.
    Answer Applies to: Michigan
    Replied: 9/17/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Wills are lodged and are public record.
    Answer Applies to: Nevada
    Replied: 9/17/2013
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