How to Locate a Person's Last Will & Testament
- 1). Find out if a will exists. This is often the most difficult step. If you have personally seen the will, it may be just a matter of searching through the personal effects of the deceased. Look through desk drawers, files (marked and unmarked) and home safes. Check personal bank accounts: If they include a safety deposit box, a charge will appear on the statements, and you can then contact the bank to look for a will there.
- 2). Contact the deceased's attorney or accountant. One of them may have been involved in the preparation of the will. If you have a copy of the will but not the original, it should note the preparer on the document. The original last will and testament may be held in the lawyer's office of whoever prepared it.
- 3). Contact the administrator of the facility in which the person last lived if he was not at his own home. Legal documents may be held in nursing homes and assisted-living facilities for their residents.
- 4). Find out which county the person declared as her legal residence at the time of her death. If you cannot locate a will, it may be because it has already been filed in probate court. Looking at past states of residence may also be necessary, as some clerks hold wills for their residents.
- 5). Find out where the records for the county probate court are housed. A quick Internet search or a few phone calls can save you considerable time. Since probate is handled through state courts, regulations vary from state to state.
- 6). Locate the correct probate archive and index. Some states now have these records available online. Otherwise, you will have to go to the physical archives and look up the name of the deceased. Listings are alphabetical, by surname.
- 7). Find the docket number and date of probate. These will indicate the files held under the deceased's name, and will hold a last will and testament if one exists. Note which files you want and request them from the probate court. Depending on the size and scope of the office, you may need to file a written request and wait until the documents are retrieved.
- 8). Make copies of the original probated will and return it to the clerk.
Looking for a Last Will
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