How to Find Out If a Will Was Filed
- 1). Contact a family member or the deceased's lawyer, if he had one. Keep in mind that no one is legally obligated to confirm or deny that a will was filed. He may also have chosen to legally bind his lawyer not to disclose information without court consent.
- 2). Go to the Social Security Death Index (see Resources) to get information regarding the deceased's death date and location. Complete a form SSA-711 to request a death record. Fees for this service vary, depending on how much information you can provide and the cost of mailing.
- 3). Contact the county clerk in the state where the person died, according to her death certificate. If a will exists, the executor of the estate is legally required to file it with the local county clerk. In most states, a will becomes a public record once it has gone through probate court to determine its validity and to allocate the estate. A living trust, an alternative to a will which allocates assets without the use of probate court, does not become a public record.
If you know a will exists but you find it has not been filed, you can file a request with the probate court to file the will. A will may take months to be filed following a death, especially if it is among the personal belongings of the estate, so it may not be filed immediately. If you are able to, contact the estate's executor to request information regarding the filing of the will. - 4). Hire a private investigator if no will is filed, but you believe a will was written and you want to attempt to find it and possibly pursue legal action. Contact a lawyer for legal guidance with regard to your rights and the actions you are permitted to initiate by law.
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