To find out if a will exists after a loved one’s passing can be an overwhelming task for grieving family and friends. Most people don’t think about this until pending obligations. These include the division of estates, repayment of debts, and other financial matters take priority. Instances like these make finding existing wills necessary.
Typically an executor (i.e., an attorney or loved one appointed by the deceased) initiates the probate process. They disclose how the deceased wanted to distribute assets in an estate. If a person fails to appoint an executor or does not have proper estate plans, the court supervises estate administration. It’s done according to the intestate succession laws (aka inheritance law) in each state.
Without a will, the probate process can be tedious and complicated. Plus, there are times when the deceased might have hidden the will. Knowing this, you should search hard to find out if the original will exists before considering the intestate succession law.
This article shares some practical ways for finding out if a will exists:
1. Search the Deceased’s House
People never keep wills in plain sight. These documents can be difficult to find if the deceased hid them from prying eyes. That’s why you should not restrict yourself to home offices and bedrooms.
Instead, search every nook and cranny of the late loved one’s house to search.
These can include:
- Boxes under the bed or files under the mattress
- Inside the pantry, freezers or storage rooms
- Hidden in a secret drawer or compartment
- Wedged under the floorboard
- In an antique box shoved somewhere in the attic
- Old suitcases and storage spaces
- Desk files
- Safes in the open and hidden (many times safes are hidden in closets)
The odds are that you might uncover these important documents in the unlikeliest places (and amidst everyday possessions). Hence, you should never lose hope and continue searching for the will.
2. Look Outside the Home
Contact the decedent’s bank(s) to find out if the decedent kept a safe deposit. Your loved one might have kept the original document, duplicates, or information relevant to its location inside the safe deposit. Accessing it can eventually help you uncover their last wishes.
3. Ask Close Family and Friends
You might feel uncomfortable discussing the details of your loved ones’ final wishes soon after you lose them, but these conversations have to happen. There’s a chance that someone within the deceased’s intimate social circle already knows about the will.
Most of the time, people inform family members or close friends about the location of their will. Alternatively, they might hand over the original documents (or duplicates) to someone trustworthy for safekeeping.
Therefore, often friends and family have helped to find out if a will exists. Friends or family may know of an attorney that may have created a will. Search contacts in iPhone, and online connections to ensure you have covered the basics.
4. Find Out if a Will Exists in The U.S. Will Registry
The U.S. Will Registry has an official website that contains a “Missing Will Search” option. This feature allows you to search for wills that have been written back to 1967. Information need for a search is the: decedent’s name, date of birth, and residential state.
How Does a Will Registry Work?
The general public (or their attorneys) can register (Free) on the online platform. The registry secures information about:
- Where the original copy and duplicate copy of the will is kept (at home, attorney, institution or online)
- Designated family members who are listed as having access the account
- These details remain protected until the testator (owner of the will) passes away.
5. Ask an Attorney
Sometimes trying to find if a will exist might require a third party. If the house search, discussions with confidants, and online will registry doesn’t work, you may want to consult a probate attorney.
6. Finding Existing Wills Through Public Records
A court clerk files wills after a person dies, not before, since the terms and conditions frequently get altered during their lifetime. Sometimes an unknown executor might start the probate procedure without notifying you. In these instances, the original document might already be in the public record.
How to retrieve this information?
First, list the decedent’s residences at the county’s probate court; the executor must submit the original documents there. Then, choose between visiting the courthouse, contacting a probate clerk, or using the court’s website to search for public records.
Online portals and probate clerks will ask the first and last name of the deceased with the date of birth to collect relevant details from the docket. This discloses the case number, representative names, and legal advisors involved in the probate if it’s in process. Alternatively, these resources will only tell you whether or not a will exists.
Do note that you may pay a copying fee to access the complete details of a registered will.
If you can’t find what you need online, you can keep looking by checking the clerk of court website. Check to see when the probate starts and when the records become available to the public. You can also ask the probate court to tell you if someone files the will. Additionally, you can request a state-compliant notice (called a caveat) to pause legal actions in an open probate until you’re informed.
7. We Can’t Find a Will Anywhere! Now What?
If you’ve conducted an exhaustive search for a will and come up empty-handed, the next steps become crucial, particularly considering the time sensitivity of the probate period.
Steps to Probate:
a) Urgently Contact the Probate Court:
Since the probate period usually lasts for 6 months after the deceased passed, swiftly reach out to the probate court in the county where the deceased resided. Inquire about the procedures for intestate succession and seek guidance on initiating the process in the absence of a will.
b) Seek Legal Counsel Promptly:
It’s imperative to promptly consult with a probate or estate attorney who can provide tailored advice based on your circumstances. They can guide you through the legal requirements and procedures for handling the estate without a will within the limited time frame.
c) Notify Beneficiaries and Heirs Expediently:
Inform potential beneficiaries and heirs of the situation without delay. They may need to provide essential information or documentation to establish their relationship to the deceased before the probate period expires.
d. Compile an Asset Inventory Quickly:
Swiftly compile a comprehensive list of the deceased’s assets and debts. This includes bank accounts, real estate, investments, personal property, and any outstanding liabilities.
e) File for Letters of Administration Expediently:
Given the time-sensitive nature of the probate period, promptly file a petition for letters of administration with the probate court if necessary. This may involve requesting the appointment of an administrator to manage the estate in the absence of a will.
f) Address Debts and Taxes Promptly:
Ensure timely handling of any outstanding debts, taxes, or expenses associated with the estate during the probate process. Failure to address these matters promptly could lead to complications within the limited time frame.
g) Adhere to Legal Requirements and Deadlines Vigilantly:
Throughout the probate process, meticulously comply with all legal requirements and deadlines. This includes filing necessary paperwork, providing timely notice to creditors, and distributing assets according to the law within the stipulated time frame.
h) Maintain Accurate Records:
Keep meticulous records of all transactions and communications related to the estate administration process. This will help ensure transparency and accountability, particularly given the time constraints involved.
***Given the time sensitivity of the probate period and the absence of a will, it’s crucial to act swiftly and diligently under the guidance of legal professionals to navigate the estate administration process effectively.
What if the Probate Period has Expired
Challenging a will after the probate period can be hard, but it’s not impossible. The probate period is when the court looks at the deceased person’s will to make sure it’s real and legal. This time can be different depending on where you are. Once this process is finished and the will is approved, it becomes official and you have to follow it.
However, there are some situations where you can still question a will even after this time:
1. Fraud or forgery: If you can prove that someone made a fake will or lied about it, you might be able to say it’s not real even after probate.
2. Undue influence: If someone pressured the deceased into making or changing the will, you can argue that it’s not fair.
3. Lack of understanding: If the person who made the will wasn’t able to understand what they were doing, like if they had a mental problem, the will might not be valid.
4. New evidence: If there’s new information that wasn’t known during the probate process and it could change things, you might be able to question the will.
5. Mistakes or unclear wording: If there are mistakes or things that aren’t clear in the will and they weren’t fixed during probate, you might be able to challenge it.
Remember, disputing a will after probate can be complicated, and it’s different depending on where you are. You’ll probably need help from a lawyer who knows about these kinds of things. Also, there might be a time limit for challenging a will after probate, so it’s important to act quickly if you think there’s a problem.
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