How to Find a Will

How to Find a Last Will and Testament

When a relative has died and you need to learn about their last wishes, knowing how to find a will becomes paramount. Most people assume that a last will and testament was filed with a court at some time in the past, but that usually isn’t the case. Wills often aren’t filed with a legal court until an estate goes into probate.

Read and we’ll show you how and where to find vital records like a dying person’s will. Most of the time, you’ll be able to take a look at their dying wishes, so you or the executor can begin to execute the deceased loved one’s final wishes.

Talk with Their Attorney

Taling with the dying person’s attorney or lawyer often resolves where to find the last will. Often, that attorney will have possession of the will and stands ready to file this document with the vital record department of the local court system.

Call the likeliest attorney in question and ask them if he or she has the will. Even if they don’t, an advocate may be able to give you key information as to where their dying words and wishes can be found. The yellow pages will contain the contact information for any legitimate attorneys in your area.

Check the Local Bank

Safe deposit boxes at your loved one’s bank are another good place to search for a last will and testament. When you look through your relative’s belongings, if you find a small key that says “Do Not Duplicate”, this is likely to be a safety deposit box key.

When trying to unlock a safe deposit box, you might need an order of the court to gain access, especially if you do not have the power of attorney. If not, you might be required to be accompanied by a U.S. Marshall when finding the will at the bank.

Search the House

If you can’t find your family member’s will with the lawyers or bankers, the will is likely to be in that person’s home. While you’re searching for a bank key, so if you can find a personal safe. Many people keep their most valuable valuables in a fire-proof safe in the closet, or elsewhere on the property. Call the locksmith and explain the situation, if you find the locked safe.

You might also search for anyplace that looks to have a lot of personal documents, like bank statements, tax receipts and house payments. When you find these, search thoroughly for the will.

The most common places to find important private documents are in desk drawers and filing cabinets.

Search Personal Belongings

For those whose searches still haven’t yielded results, consider looking through the person’s books and clothes drawers for their living will.

You might think a book isn’t such a good place for an important document like a will, but people who read the Bible often, for example, might decide that’s a good place to put their everlasting will.

It’s possible you’ll find the will under the mattress of a bed.

Avoid the Big Search

If you have a family member who believes they might die soon, kindly ask them where they might keep their will, so you don’t have to go through all this trouble in the darkness.

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This entry was posted on Monday, February 1st, 2010 at 9:40 pm and is filed under Genealogical Records, Vital Records. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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