It depends on the state. In our state we can send a will through a pre-probate process whereby the judge reviewed our will right after signing -- which of course includes reading, signing and getting a copy. Then you then we die, the probate process is exceptionally streamlined meaning days or weeks to probate instead of longer. That might be the same with your state.
It's his will, for heaven's sake. He has to sign it, or it isn't valid, and he can't sign it if he doesn't see it. Does he think they hide everything but the signature line from him?
No one should sign anything without having read it, including someone signing his own will.
The court is the last in line to see a will, and that isn't until Dad is gone.
The answer in my state is no. State statutes differ but it is unlikely that he will have to do this. However, let's clarify the information in your question.
First, is this a new will with the previous will revoked? If so, has the revoked will been destroyed? Or has he added to the will with what is called a codicil? Is this a will prepared by an attorney and has your father signed it in front of two witnesses and had it notarized? Does the new will have self-proving affidavits attached? (This may vary by state.) Has the person he has named as executor been notified? Is the will stored in a safe place and does the executor know where it is? In my county (Denver) people used to be able to give their completed will to the probate clerk's office to keep until they died. I think it's a grand idea but I'm not sure they do this anymore.
If your dad continues to insist that the new will needs to "go through the courts" have him call the probate clerk's office and they will tell him it does not. If that doesn't satisfy him and this behavior is unusual, it might be good for him to see his doctor.
Thank you, I am not sure he destroyed it or added to it. But he does have dementia and maybe did get confused about it but the one thing he continues to say is that it had to go through the court. I said to him that his other one didn't and we all have copies. I will call the clerks office today and see. He does have an Irrevocable trust for his home to protect it in case he has to be in a nursing home. Maybe he is getting that changed.
No. You make a will. The attorney who makes it keeps a master copy and you have a master copy and usually another copy of your will as well. Nothing goes to court until the person who created the will dies, at which time the executor appointed opens probate.
No one should sign anything without having read it, including someone signing his own will.
The court is the last in line to see a will, and that isn't until Dad is gone.
First, is this a new will with the previous will revoked? If so, has the revoked will been destroyed? Or has he added to the will with what is called a codicil? Is this a will prepared by an attorney and has your father signed it in front of two witnesses and had it notarized? Does the new will have self-proving affidavits attached? (This may vary by state.) Has the person he has named as executor been notified? Is the will stored in a safe place and does the executor know where it is? In my county (Denver) people used to be able to give their completed will to the probate clerk's office to keep until they died. I think it's a grand idea but I'm not sure they do this anymore.
If your dad continues to insist that the new will needs to "go through the courts" have him call the probate clerk's office and they will tell him it does not. If that doesn't satisfy him and this behavior is unusual, it might be good for him to see his doctor.
I have never heard of such a thing so I was asking here if it is something new