Legal Question in Wills and Trusts in Georgia
fathers will
I want to know do you have to file a notarized will with the courts for it to be legal and binding?
3 Answers from Attorneys
Re: fathers will
No. Some people just like to file it so they know it's with the court and can't get lost.
Re: fathers will
A will is not "binding" until the person passes away and it is proven that the will was the last will and testament of the testator. A person may have many wills over their lifetime and the only reason to file a will while living is to ensure that the courts probate the right will. Once you start filing it with the probate court make sure you file all subsequent wills and codicils.
Re: fathers will
Notarizing a will does not affect its validity. You can notarize an attachment that simplifies probate (a self-attesting will). Wills are not filed for probate until the person dies. That should be done with a lawyer.