Saturday, January 23, 2010

How does one go about locating a deceased parent's will?

My parent left a will that was made before passing. I cannot locate the will because I lost in moving from one location to another. I need it like 6 months ago for probate court.How does one go about locating a deceased parent's will?
If it exists, it would be in their personal papers, a sfe deposit box or possibly left with a lawyer. Wills are not ';filed at the courthouse'; until the estate is probated.How does one go about locating a deceased parent's will?
Check with the lawyer who drew it up. In my state you can actually store the will with the clerk of court but in your case you state that you've lost it. At any rate the lawyer will have a copy in his/her files. Also, you might not have to probate the will. Again in my state a will does not have to be probated if all heirs and creditors are satisfied. My mother died 7 years ago and we have not probated hers yet, but there are 3 of us, her creditors have been paid and we have divvied up things to suit us so it is no big deal. At the end of each year the clerk of court calls me--my mother's will was stored with her--and asks me when I am going to probate it and I tell her I'll be in shortly and then we both promptly forget it. Just one of the joys of small town existence.
There are two 'typical' places to keep a will, or its copies. The first is in a safety deposit box in the bank. Take your parent's death certificate to his/her bank, and they'll usually let you check the box for a will.





The other option is the lawyer who drew the will (assuming a lawyer drew it). If you know who your parent's lawyer was, that makes it relatively easy. Otherwise, you might have to call the various estate lawyers in your parent's area to find out if any of them have the will.





(Then, of course, some folks will keep it in the home. Check under the fake floorboard in the basement...)
I would start by speaking with the decedent's attorney, the scrivener of the will. Sometimes attorneys keep wills in their law firm's safe. If it is not there, I would check where the decedent kept a safe deposit box. Chances are, it might be in the safe deposit box. States have laws that permit entering a safe deposit box to remove a will.





If the decedent had dealings with a bank's trust department, they may be holding the will for him in safe-keeping.





If it is not at either the lawyer's office or in a safe deposit box at a bank in town, I would look through all of the decedent's files and financial records. It might be in a file folder in a filing cabinet or desk.





Sometimes family members may have a safe or strong box at home where they keep items of value. It could be there.





Consider improbable locations: My dad used to keep important papers in an old antique clock on the mantel piece above the fireplace. I know an old lady who used to keep money in her deep freeze.





You know, under some circumstances, a copy of a will can be probated. This is a technical matter and your attorney can explain it to you. The law varies from state to state.
If you lost it and you never submitted it to the court, you are probably hosed. If you can identify a lawyer that prepared it, you could see if they have the original. Often, lawyers keep the original and send a copy with the client. Rarely do people file their will with a county recorder before death.
Did they have a safe deposit box at a bank? A safe in their home? You'll probably have to search through their house too. Do you know the attorney who prepared the will? You can contact them to see if they kept the original, as a copy is no good. Good luck.





Heather V., a will would not be at the courthouse until it has been submitted for probate.
Court house. All legally binding will are required to be submitted.

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