Have you ever wondered how to locate a will? While it may seem like a daunting task, it is an important step when trying to figure out what the deceased wanted. This can be especially true if you are an heir or executor of a will. In this blog post, we’ll explore what to do if you need to locate a will and where to look for it. We’ll also provide tips on how to make sure that your own will is easy for your heirs and executors to find after you pass away. Read on for all the information you need about locating a will.
Where to Look for a Will
When a person dies, their will is typically filed with the probate court in the county where they lived. The court then becomes responsible for distributing the deceased person’s assets according to their wishes.
If you are named in a will, or are an heir of someone who has died, you can usually find out by contacting the probate court in the county where the person lived. The court should have records of all wills that have been filed with them.
You can also try searching online for the deceased person’s name, as many courts now make wills available online. However, not all courts have made this transition yet, so it’s always best to check with the probate court in the relevant county just to be sure.
Decedent’s Home or Office:
When a person dies, their will is usually kept in a safe place at their home or office. If you are unsure of where to look, you can ask the decedent’s family members or close friends if they know the location of the will. If the will cannot be located, it is possible that it was filed with the court. You can contact the clerk of court in the county where the decedent lived to inquire about the existence of a will.
Safe Deposit Box:
A person’s will is often kept in a safe deposit box at their bank. You may be able to find out if the decedent had a safe deposit box by asking family or friends, or by looking through the decedent’s records.
If you think the decedent had a safe deposit box, you can contact the bank where they did their banking and ask if they have any record of a safe deposit box in the decedent’s name. The bank may require that you provide proof of death before they will release any information about the safe deposit box.
Once you have located the safe deposit box, you will need to obtain a court order to have it opened. The court will appoint someone to inventory the contents of the box and determine if there is a will among them.
Significant Individuals:
There are a few key individuals who can help you locate a will, depending on the circumstances. If the deceased person left a will with an attorney, that attorney should have a copy of the will on file. You can also check with the local court where probate proceedings were held, as they should have a copy of the will on file. If you’re still having trouble finding a copy of the will, you can reach out to executors or beneficiaries named in the will, as they may have a copy or know where to find one.
Clerk of the Court:
If you are named in a will, or are an heir of someone who has died, you may need to find the will. The first place to look is with the clerk of the court in the county where the person lived. The clerk should have a record of all wills filed with the court. If you don’t know which county the person lived in, you can try searching online for “Clerk of Court” and the state where the person lived.
Conclusion
Locating a will is an important step in settling the estate of a deceased person. It is critical to know how and where to search for the will once someone has passed away. With some due diligence, researching public records and other resources, you can find out if there is indeed a will in place. If you are unable to locate it yourself, then you may need to contact a lawyer or probate court for help with your search. Ultimately, locating the will should always be your first priority when dealing with the settlement of an estate.
Do you need an Experienced Probate Attorney to help?
If you have been named as an executor in a will, or if you are an heir or beneficiary of someone who has died, you may need to hire a probate attorney. Probate is the legal process of proving that a will is valid and of administering the estate of the deceased person.
An experienced probate attorney can help you navigate the probate process, file the necessary paperwork, and ensure that the estate is distributed according to the terms of the will. If there are disputes among heirs or beneficiaries, a probate attorney can also represent your interests in court.
If you are facing the challenge of probate, contact an experienced probate attorney today. Call us for a FREE attorney consultation at (915) 292-4400.
