Often, the executor of the estate will file the will, because the executor will work closely with the probate court throughout the process and is also responsible for executing the will's instructions.Most states also have laws that require someone with a deceased person's will to file it with the court.There is no legal requirement that a Last Will and Testament be read out loud to anyone.Instead, the estate attorney has to determine who is entitled to receive a copy of the Will and who should be sent a copy even if state law does not require it. Probably the most important interested party who must receive a copy of the Will is the person or entity named to serve as the Testator's Personal Representative, also called the Executor or Executrix. Because the Personal Representative is solely responsible for settling the Testator's estate.
When someone dies, you've probably watched in the movies or on TV or read in a book about "the reading of the Will." Unfortunately, this is purely a theatrical device designed to create drama and tension within a fictional story.
Usually, a will is filed with the probate court in the county where the will's owner has died or the county in which he last lived.
Some states do not have separate probate courts, but your local telephone directory should provide numbers for your court so you can determine the proper place to file the will.
Before the beneficiaries can receive their share, an inventory must be made of the assets and the estate's bills paid.
The executor is usually responsible for carrying out both duties.
The accountant for the estate must receive a copy of the Will in order to understand any instructions given for paying off the debts of the estate; apportionment of estate and income taxes; instructions on the allocation between estate income and principal; when and if estate accountings need to be given to the estate's beneficiaries and filed with the probate court; and what powers the Personal Representative has in settling and compromising claims filed against the estate and paying estate taxes and income taxes.