Finding out whether the decedent left a will
When a loved one dies things can be difficult enough without having to worry about trying to find the will. However, in some cases it may be necessary for you to have to take this task on board on top of making funeral arrangements, dealing with the grief and trying to keep everything else running as normal.
Without a will, things can become very difficult and strained between family members, but the probate process will deal with the deceased’s estate as it sees fit, regardless of what family members and close friends think about the whole affair. In the absence of a will the estate of the deceased has to be distributed in accordance with state law, and whether or not you happen to know that the decedent wanted you to have his antique jewelry collection and his valuable art pieces, they will go to the person deemed appropriate according the law of the state.
There are a number of steps you can take in order to try and find out whether the decedent left a will, although there is certainly no guarantee that you will find out one way or the other. However, with a little effort you can at least be in with the chance of finding a valid will, which can ensure that the estate and belongings of the deceased will go to the people to whom he or she wanted. Without a will, the wishes of the deceased cannot be proven and therefore will not be adhered to.
The first thing to do is hope that the decedent registered the will, in which case you should contact the local probate court where the deceased lived. If the will was filed, there will be accessible records relating to this. However, if the will was not filed and you are unable to access any details, you will have to look at some other route which can take considerably more effort.
If you come across a lawyer’s business card while sorting out the personal effects of the deceased, you should give them a call as a copy of the will may have been left there. You could also try calling some of the local law firms that deal with wills in the event that you cannot find any lawyers’ details on a card, in the deceased’s phone and address book, or among the correspondence of the deceased. This may seem like clutching at straws, but if there is a local legal firm that deals with wills, there is a chance that the deceased may have used them.
If this avenue proves unfruitful, you should check with the deceased’s bank as to whether he or she had a safety deposit box in which the will may have been kept. You may not be given access to the box if you have no legal entitlement, but the courts may be able to look in to the matter for you.
Finally, check with close friends and colleagues of the decedent, as he or she may have asked one or two of them to bear witness to the will, in which case they can confirm that a will was drawn up and may have an idea where it would be located.
