Estate

Losing a loved one is undoubtedly a difficult and emotional experience. In the midst of grieving, there are practical matters that need to be addressed, one of which is locating the deceased person's will. A will is a legal document that outlines how a person's assets and estate should be dealt with after their death. Finding the will is crucial for ensuring that the deceased's wishes are carried out and for settling their affairs. MyCondolences will walk you through the steps to help you find a will after someone dies.  If the person does not have a will or if the will is outdated, we will help walk you through what needs to be done.  

Begin your search by checking the most likely places where the deceased might have kept their will. Some common locations include:

• Lawyer's Office: If the deceased had an attorney, their will may be stored with their legal representative. Contact the attorney to inquire about the location of the will.

• Safe Deposit Box: Many people store their wills in a safe deposit box at a bank. You'll need to contact the bank to gain access, and you may require legal documentation, such as a death certificate and proof of your relationship to the deceased.

• Home Filing Cabinet: Check the deceased person's home for a filing cabinet or a safe. Wills are often stored with other important documents like insurance policies and deeds.

• Check with close family members, friends, and acquaintances: They might have knowledge of the will's location. Sometimes, the deceased may have informed a trusted person about the whereabouts of their will.

• Search for Digital Copies: Locate the deceased person's computer, email accounts, and cloud storage for any digital copies of the will. Look for files with keywords like "will," "estate plan," or the attorney's name.

• If your initial efforts are unsuccessful, contact the probate court in the jurisdiction where the deceased lived. They may have a record of the will, especially if it has already been filed for probate. Provide the necessary information, such as the deceased's name and date of death, to assist in the search.

• Consult the State's Wills Registry:  Some states have will registries where individuals can voluntarily file their wills for safekeeping.  This should not have a cost associated. This information is usually available through the state's department of vital records or a similar agency.

• Hire a Private Investigator or Estate Attorney: If you are still unable to locate the will, consider enlisting the help of a private investigator or an estate attorney experienced in probate matters. They may have access to additional resources and expertise to help you find the will.

Finding a will can be a time-consuming process, especially if the deceased person did not leave clear instructions about its location. Be patient and thorough in your search, and don't hesitate to seek professional help if needed.

Remember that once you locate the will, it's essential to follow the legal procedures required for its validity and to ensure the deceased's wishes are carried out properly. Consult with an attorney or the probate court for guidance on the next steps in the probate process.  If you do not have an attorney, we can help you find one. 

The will’s beneficiaries as well as the executor or personal representative of the estate are entitled to see a copy of a will. In some states, immediate family members may also be entitled to a copy, even if they aren’t named in the will.4 If the will is in the public record, anyone can see it.

A certified copy of a will is one that has been identified as an accurate copy of the original will by certain institutions. You can request certified copies of documents maintained by the court. In some states, notaries can also certify a copy of a will for you. The cost to acquire a copy of a will depends on your situation. Requesting a copy from the court may cost money; the exact charge will depend on the type of copy and the court’s location.

Not everyone is entitled to a copy of the will. Generally speaking, the executor of the will or the personal representative of the estate will decide who is able to view it. However, any immediate family members or beneficiaries designated in the will can expect to receive a copy of the deceased person’s will if they ask for a copy from the executor.

In conclusion, finding a will after someone dies can be challenging, but with determination and the right resources, you can locate this important document and honor the wishes of your loved one. Be prepared for the possibility that you may not find the will immediately, and consider seeking professional assistance to navigate the legal complexities of the probate process.