The most common question asked from the estate attorney is how to obtain anyone’s will. Always remember you can not ask to seek the will of any living person, as the person who is alive, their will is considered to be as private personal property and no one has legal right or can demand to see that will. Also if you want to obtain a copy of a deceased person’s will then it surely depends on, if the will has or has not been filled for the probate. When a person dies, his or her property must go through probate, and this process is undergone by the probate court. Probate generally is the process through which a Will is stated to be valid or invalid. The probate courts determined that how the property of a deceased man would be distributed among the descendants. If the will has been filled up in the probate court it is as simple and easy for you to get a copy of the will.
There are still number of places where you can find someones will:
- Person paperwork at home
- Their solicitor
- Their bank
- Safety deposit box
- The probate department
Still there are various ways through which you can grab the access of the will of a deceased person by the following ways:
1 – Personal paperwork at home – Many people store out their last will as well as other important documents in their homes only. Fire-safe place in the house is the logical best suited place to look out for will and testament. Many people have also try to lock out their will and other important documents into a freezer or a refrigerators, as they are well insulated to get caught in fire and are more safer than the in built safes, as it couldn’t seek attention of the thieves.
2 – Their solicitor – Solicitor who prepares the will of a person, is more often tended to keep a copy with himself as a practice. Mostly the copies are not signed by the owner and cannot be admitted to the probate. It could include a note, that where to find original copy of the bill, which could be filled in the probate court.
3 – Their bank – The will of the deceased person could be kept in their banks by acquiring of a locker in that bank. For getting the will from the bank, proof of the death is being needed i.e. death certificate and the proof that you are the only executor named in the will.
4 – Safety deposit box – The best way to store all the important documents regarding your will inside their own house. By using the safety deposit box in your house keeps your documents safe during any house emergency. Before opening of the box check with you solicitor, so that he could access the box when the person is gone and distribute his or her will accordingly to whom he had made the real owner of the will.
5 – The probate department – Some states allows the person to file their will within the probate court for the safekeeping of their will. As the will is filled in, when the person was living the court doesn’t open the will and keeps it under a sealed envelope. The court doesn’t open the will until they receive a notice that the person is now being deceased. Contact the probate court of the jurisdiction over the will of the deceased person, so that the will could be handed over to the right person for whom the will was developed.
6 – Although sometimes it becomes hard to find out, where did the deceased person has actually kept his will and to determine the actual probate court. The will should be filled in the country where the person lived at the time of his or her death or in any other country where the person owned a real estate. City – County Search is used for knowing where the person lived or in which place did he owned a real estate property.
After knowing the place you can simply go on to the probate court for the copy of the will by the person. Appearing in front of the probate department and asking for the will or you can simply make a written request or by sending them a fax to get a copy of the will. You could also have to pay, as per the total number of pages that are included in the will, that would be costing you around $.50 to $1 for each page.
7 – If the will of the deceased person is not being filled up in the probate court, then the will is not being granted for the public record and only the named beneficiaries, personal relatives are allowed to see the will. If you do not know who is the executor of the bill is then, you can seek through the deceased death’s certificate, as it is the matter of the public record. If the executor refuses to show you the bill then you can go on with a legal action upon the executor, to file in the will in the probate court, so that it becomes a matter of public record and the executor would be forced to file in the will in probate court, under certain amount of time.
Conclusion – So that seems to be quite easy methods for getting out the will of your loved ones. Obtaining of the will is a public record and any one who had any relations with the dead person or has got their names in the will could come and seek to the deceased man’s will. The solicitors, the banks and storage companies need proof of the death i.e. medical or death certificate or the proof that you are the only executor named in the will.