‘A will search’ is the process of checking if someone has made a valid will. Knowing whether they have made a will or not is crucial because it affects your right to inherit from them.
Finding a will is crucial because it ensures the deceased’s last wishes are fulfilled and their assets are distributed according to their desires among beneficiaries. Additionally, this can simplify the process of probate and minimize family conflicts when settling the estate.
When there is a last testament, probate courts can organize an equitable division of wealth according to the deceased’s intentions, simplifying property settlement. Some family members knew she had prepared a will, but now they worry about where she might have kept it.
We will therefore be furnishing you with an all-encompassing list of possible places where missing wills could most likely be hiding.
5 Reasons Why a Will May Go Missing
- Poor organization: If the deceased person did not keep their important documents organized.
- Misplaced or lost: The will may have been misplaced or lost over time. This is especially true if the deceased person moved frequently or had a cluttered living space.
- Maliciously destroyed: The will may have been stolen by someone seeking to benefit from the estate or to hide the existence of the will.
- Unintentionally thrown away: Someone may have accidentally thrown away the will during a decluttering process.
Search All Areas of the Home
When doing a will search, begin with searching their home. Below are some common places to look:
Desk or office – The person may have kept her important documents, including their last will and testament in their desk or office.
Safe or lockbox – Many people who have a safe or lockbox in their home will store it there for safekeeping.
Filing cabinet – Look through any filing cabinets in the home or office.
Bookshelves – Sometimes people hide their last will inside a book or behind a book on a bookshelf.
Bedroom – Check the bedroom closet, in a drawer or strong box under the bed.
Kitchen or pantry – Some people choose to keep important documents, including their last will, in a sealed envelope in the kitchen or pantry.
Attic or basement – If the person had a storage area in their home, they may have kept their last will in a box or storage container.
Gathering Information
Try to collect information about the deceased. You will need to know the full name of your relative, their date of birth, and their last known address. If you have any other identifying information such as social security number, driver’s license number or passport number that would help with locating them in our database please provide it as well.
Contact Their Attorney
When an individual writes a will, he may choose to work with an attorney to ensure his wishes are binding and the terms enforceable. Verify whether the deceased had legal representation and if their lawyer has a copy of the will. It might take time to get hold of the document through other means but this possibility of saving time and energy should not be overlooked.
Finding the Executor
Ask family or friends if they ever mentioned who their executor would be if they passed away. An executor, appointed by the will-maker, has the authority to carry out the deceased person’s wishes. If you know the executor, contact them directly to obtain a duplicate or another copy of your loved one’s last will and testament.
Search The Will Registry
The Will Registry of the United States maintains a nationwide database of registered wills. If you’re having trouble finding a will, searching The U.S. Will Registry could help you find the information you need. However, not all wills are registered, so it’s important to explore all search options before concluding your search.
Challenges of Settling an Estate Without a Will
When settling an estate without encountering many difficulties, finding a will becomes essential. In the absence of this written document, estate owners may face difficulty determining who should carry out the role of executor and how assets ought to be distributed within an intended time frame.. Sometimes family members disagree on how assets should be divided leading to protracted and costly legal battles.
Determining Executorship and Asset Distribution Without a Will
In the absence of a will, it might be hard for people to determine who should be the executor when there is no will. This can lead to conflicts between relatives and hence delays in probate proceedings. Also, without proper guidelines on how properties should be distributed, families might start arguing over it which might result in lawsuits as well as a waste of time.
Notifying Potential Heirs in the Absence of a Will
In addition, it might be hard to find all potential beneficiaries if there is no will. As a result, this may delay probate since it’s time-consuming. It also leads to partial or delayed allocation of assets. The court must ensure all potential heirs are located and informed before distributing probate assets.
What Happens When You Can’t Find a Will?
If you don’t find the Last Will and Testament after a thorough search, you’ll need to take further action. One option is to file a petition for intestate succession in probate court. It’s important to bear in mind that this probate process usually takes around six months from the date of death. During this period, it is vital to submit a petition to the probate court.
What Happens in Probate Court?
In cases of intestacy, state laws of intestacy are followed by the probate court. The court distributes assets among surviving family members. While these laws vary from one state to another, they typically give priority to spouses and children when dividing up assets. In case there are no surviving family members, the property may become part of the state’s coffers.
Filing for intestate succession could be complicated and time-consuming at times; therefore it would be good if an experienced probate lawyer who can assist with that could come on board. This attorney will offer guidance as well as advice on some legalities which will be explained during the process. Under his watchful eye, everything will be done legally so that the estate gets settled.
Disputing a Will After the Probate Period
Disputing a will past the probate period may seem daunting, but it can be done. The court brings forth and authenticates the deceased’s last will during the probate period. This varies depending on jurisdiction. Once probate has been completed and a valid will is recognized, it becomes an enforceable document at the law.
Grounds for Disputing a Will After the Probate Period
Fraud or Forgery: If someone proves they were misled by unscrupulous individuals who forged their most recent testament, it can be contested for its validity.
Undue Influence: A will can be contested if it is made clear that another person influenced a testator illegally to either make or change their own will.
Lack of Testamentary Capacity: The validity of a will may be questioned if it can be proven that the deceased did not have the mental capacity. It is critical to know if they understood what they were doing when creating or modifying the will.
New Evidence: Probate can be contested if new evidence arises. It is possible that this material was not available during the probate process. This would certainly impact the validity of the will.
Error or Ambiguity: Errors or ambiguities in a will that probate didn’t address can lead to disputes.
It’s important to note that the process of disputing a will after probate can be complex and varies depending on jurisdiction. It often involves legal proceedings and may require the assistance of an experienced attorney specializing in estate law. Specific time limits exist for contesting a will after probate, so act promptly if you have grounds for dispute.
Hiring a Professional to Conduct a Will Search
Maybe you’d like to employ a probate attorney, a detective, or a genealogist. They have the experience and expertise in the detection of wills that help with searching.
Probate Attorney: A legal process for finding a will can be navigated by a probate attorney. The lawyer would look at the records held in the courts dealing with estates and contact those who might have copies.
Private Investigator: This could involve calling potential witnesses, checking records that are already in the public domain, and using other such kinds of investigative means so as to locate them.
A Genealogist: If you know the names of deceased persons’ relatives, a genealogist s may help in finding where a will could be. They have the expertise to track down living members of their family who may know something about it.
Bear in mind that these services vary greatly in cost. So it’s advisable to do some research and get price estimates from several professionals before settling on one.
In Conclusion
If you are unable to locate a Last will and testament, it is important to take steps to settle the estate. This may involve filing for intestate succession in probate court. Alternatively, you can work with an attorney to distribute assets among surviving family members. Carrying out the deceased’s wishes is essential, despite the challenging nature of the process. It’s important to ensure assets are distributed fairly among heirs.
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Don’t Have a Will, or Need to Update Your Will?
In addition to the Will Registry, The U.S. Will Registry has created a FREE online will program for the public to create a user-friendly, online legal will from your home. Creating a will from home gives you the ability to take your time and ensure your wishes are accurately reflected.
