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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 100049
Experience:  Fully licensed attorney in Texas in private practice.
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Is a will filed after the death of decedent legal?

Customer Question

Is a will filed after the death of decedent legal ?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This depends on what you mean by "filed."

A will is normally filed with the court after the passing of the decedent as part of probate. This is how it is supposed to be done. So in this, nothing is out of the ordinary.

However, a will cannot be "completed/executed" after the decedent passed away. Meaning, a new(er) will cannot be created once the decedent is dead. So once the decedent has passed away, no other will can be "created" by any means. The probate Court goes over the Will that was made prior to the decedent's passing.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base because you had not rated positively. Let me know. Thanks!

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