How to find out if someone has a will can be a challenging process. Losing a loved one is never easy, and dealing with their estate can be overwhelming. If the deceased left a last will and testament, it provides clarity and guidance for the distribution of their assets.
This article will provide some direction as to where you can find out if someone has a will before going to probate. Having the state decide how your loved one’s assets will be distributed. Subsequently, once you’ve confirmed the existence of a will, it should be filed with the probate court. This ensures easy access for family members or executors after the person’s death, preventing disputes and ensuring the deceased’s wishes are followed.
Contact the Executor or Attorney
If you are unable to contact the executor or attorney, the next step is to check with the probate court. Be certain to contact the probate court in the jurisdiction where the deceased lived. In some jurisdictions, wills must be registered with the probate court, and a copy may be available for public inspection. You can contact the probate court and inquire whether they have a record of the will. If the will has been registered, the court may provide you with a copy for a fee.
Search The U.S. Will Registry
Another option for finding out if a last will is registered is to search The US Will Registry. The U.S. Will Registry is a centralized database that stores information on registered wills in the United States. It is a useful resource for locating a will that may have been registered by the deceased, or the attorney. You can search The U.S. Will Registry online by entering the deceased legal name, state and birthdate.
Check with the State Bar Association
If the deceased used a lawyer to draft their will, it’s worth checking with the state bar association to see if they have any information on whether the will has been registered. The state bar association is the professional association for lawyers in each state and may be able to provide you with contact information for the lawyer who drafted the will. You can contact the state bar association by phone or email for assistance.
Search the Deceased’s Papers
If you are unable to locate the will through any of the above methods, it’s worth searching the deceased’s papers for any clues. Check their personal papers, letters, and files, to see if they made any notes about where the will is or whether it has been registered. It’s also worth checking their bank statements and correspondence to see if they paid for any will registration services.
What to Do If You Can’t Find a Will:
Begin Filing a Petition in Probate Court
When there is no will or when the validity of a will is contested, the estate may go through the probate process overseen by the probate court. Additionally, it’s crucial to note that time is of the essence. Families typically have approximately six months from the time of death to file for probate. During probate, the court appoints an executor or personal representative to administer the estate. They pay any outstanding debts and taxes and distribute the remaining assets according to the laws of intestate succession or the terms of a valid will if one is eventually located. Additionally, probate court proceedings provide a legal framework for resolving disputes and ensuring that the deceased person’s assets are distributed appropriately.
Where to Start with Probate Court
Admitting a Duplicate Copy of a Will to Probate
If you only have a duplicate copy of a will, the probate court can still handle the administration of the estate, but it may require additional steps to authenticate the copy and ensure its validity. Here’s how the probate court may handle a situation where only a duplicate copy of a will is available:
File the Duplicate Copy:
Submit the duplicate copy of the will to the probate court along with a petition to open probate proceedings. Additionally, include any other required documents and information about the deceased person’s assets, debts, and potential heirs or beneficiaries.
Authenticate the Duplicate Copy:
The probate court will examine the duplicate copy of the will to determine its authenticity. Subsequently, this may involve comparing it to any known originals or other copies, conducting witness testimony, or examining other evidence to establish its validity.
Notice to Interested Parties:
Notify potential heirs, beneficiaries, and creditors of the deceased person’s death and the existence of the duplicate copy of the will. This may involve sending formal notice by mail or publication, depending on state law requirements.
Probate Proceedings:
Proceed with probate proceedings as usual, with the duplicate copy of the will serving as the governing document for the distribution of the deceased person’s assets. The court will appoint an executor or personal representative to administer the estate and oversee the distribution of assets according to the terms of the will.
Probate Court Approval:
The probate court will review the duplicate copy of the will and any supporting evidence to ensure its validity and compliance with state law. Once satisfied, the court will issue an order admitting the duplicate copy of the will to probate and authorizing the executor to carry out the terms of the will.
Challenges and Disputes:
If there are challenges or disputes regarding the validity or interpretation of the duplicate copy of the will, the probate court will hear arguments from interested parties and make a determination based on the evidence presented.
Distribution of Assets:
The executor or personal representative administers the estate according to the terms of the duplicate copy of the will. This includes paying debts, taxes, and distributing assets to the beneficiaries named in the will.
While possessing only a duplicate copy of a will may pose some challenges, the probate court can still administer the estate provided the copy is deemed valid and meets the requirements of state law. Consulting with a probate attorney can provide valuable guidance in navigating the probate process in such circumstances.
Monitoring the Clerk of Court Website
Another option is to monitor the clerk of court website. Even if you didn’t find a will initially, it could be filed at a later date. Regularly checking the website can ensure you stay up to date with any new filings.
If a Last Will Still Can’t be Found, Know Your Rights
Intestate Succession:
When a person dies without a valid will, the laws of intestate succession dictate the distribution of their estate. These laws vary depending on the jurisdiction but typically prioritize the deceased person’s closest relatives—such as their spouse, children, parents, or siblings—in a predetermined order.
Elective Share (for spouses):
Under certain state laws, a surviving spouse may have the right to claim an elective share of the deceased spouse’s estate. While possessing only a duplicate copy of a will may pose some challenges, the probate court can still administer the estate provided the copy is deemed valid and meets the requirements of state law.
Probate Court:
Before the deceased passed, they often specified who the executor of the will would be. Consequently, if this information is known, the first step in searching for a will is to contact the named executor. The executor is responsible for managing the deceased’s estate, which includes distributing assets according to the terms of the will. Additionally, if an executor was appointed, instructions may have been provided regarding the whereabouts of the will or if it was registered. Moreover, the attorney who drafted the will may also possess information on whether it has been registered and how to locate it.
In Conclusion:
Locating a last will and testament can be quite a challenging process. However, we have provided these steps to assist with your search. Firstly, searching may involve contacting the Probate Court, Bar Association, The U.S. Will Registry, the deceased attorney, or examining the deceased paperwork.
Remember that having a will is critically important for your family. Equally important is registering a will. Additionally, this is a secure step in ensuring that it is easily located quickly in the event of the testator’s death.
Creating a will and Registration of a will is free with The U.S. Will Registry. Registration simply documents the location of the original/duplicate copy of a will. The Registry also offers free will storage through sidedrawer.com.
