Guides

How to file a will after someone dies

New Hampshire

Yes, even with no probate. The person named as executor must file the will in the probate court within 30 days after the death (or after learning they were named, if later). If the estate has assets, the will must be proved or the executor must file a written refusal. If there are no probate assets (for example, everything was jointly owned), the executor still files the original will along with a death certificate, and it is filed “with no administration.” Neglecting this duty can cost $20 for each month after the 30 days.

Where: Circuit Court – Probate Division for the county where the person lived (find the county court).

• Executor must file the will within 30 days; with no assets, file the will plus a death certificate with no administration. Source: RSA 552:3, checked Oct 29, 2026.
• Forfeit of $20 per month for neglect after the 30 days, unless excused by the court. Source: RSA 552:4, checked Oct 29, 2026.

California

Yes, the original must be delivered to the court. Unless a probate petition is filed first, whoever has the will must, within 30 days after learning of the death, deliver it personally or by registered or certified mail to the clerk of the superior court in the county where the estate may be administered, and send a copy to the named executor (or a beneficiary). A custodian who fails to do this can be liable for damages. The delivery fee is set by Gov. Code § 70626.

Where: Superior Court (probate clerk) for the county (find the county court).

• Custodian must deliver the will to the superior court clerk within 30 days of learning of the death and send a copy to the executor. Source: Cal. Prob. Code § 8200, checked Oct 29, 2026.

Texas

No general filing deadline, but timing matters. Texas has no rule requiring the original will to be deposited after death. However, a will does not prove title to property until it is admitted to probate, and generally it cannot be admitted after the fourth anniversary of the death unless the applicant was not in default. When someone applies to probate the will, the original must be filed with the application if they have it, and it stays with the county clerk.

Where: County clerk of the county with venue (probate court) (find the county court).

• A will is not effective to prove title to property until admitted to probate. Source: Tex. Estates Code § 256.001, checked Oct 29, 2026.
• A will generally cannot be admitted to probate after the fourth anniversary of the death. Source: Tex. Estates Code § 256.003, checked Oct 29, 2026.
• The applicant must file the original will with the application if it is in their control. Source: Tex. Estates Code § 256.053, checked Oct 29, 2026.

Florida

Yes, within 10 days. Whoever has the will must deposit it with the clerk of the circuit court for the county where the estate would be handled within 10 days after learning of the death, and give the clerk the date of death or the last four digits of the decedent’s Social Security number. This applies even if no probate is planned.

Where: Clerk of the Circuit Court for the county (find the county court).

• Custodian must deposit the will with the clerk within 10 days after learning of the death. Source: Fla. Stat. § 732.901, checked Oct 29, 2026.

Ohio

Effectively yes, within one year. A beneficiary who knows about the will and controls it, and without reasonable cause conceals it or fails to have it offered for probate within one year after the death, loses what the will leaves them; that share passes as if they had died first.

Where: Probate Division of the Court of Common Pleas for the county (find the county court).

• A beneficiary who withholds a will or fails to offer it for probate within one year forfeits their gift under it. Source: Ohio Rev. Code § 2107.10, checked Oct 29, 2026.

Fees, filing methods and court forms vary by court; we list them here only after confirming them on the official court site.