How to Notify the Probate Court

In most states, you are legally required to file the original will with the probate court within a certain period after the death — typically 10 to 30 days, though some states allow up to 90 days. This is a separate step from filing for probate (which is the formal process of administering the estate). Even if you believe probate will not be necessary — for example, if all assets pass outside of probate through beneficiary designations or joint ownership — the will should still be filed with the court.

To notify the probate court, visit or call the probate clerk in the county where the deceased resided. Bring the original will and a certified death certificate. The clerk will file the will and provide you with a receipt. Some courts allow filing by mail, but in-person filing is faster and allows you to ask questions. There is usually a small filing fee ($20 to $50) for filing the will alone, separate from the larger fee for opening a full probate case.

Failing to file the will with the court can have legal consequences. In some states, the person holding the will can be held liable for damages caused by the delay. Additionally, if another family member files for intestate administration because they are unaware a will exists, the later discovery of an unfiled will creates a legal mess that costs everyone time and money. File the will promptly, even if you are not yet ready to begin the full probate process.