How to Find Out If a Relative Had a Will

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Find if someone had a will can be like finding a needle in a hay stack. Fortunately, there are some things you can do to help you get off to a good start.

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Instructions

Difficulty: Moderate

Step1

Inquire at the Probate Court - A lawyer or a family member (usually called an executor) will usually hold the will or a copy. Most states require that if a will exists it be filed with the state's probate court. It may take up to 30 days after the will being filed before you can find out if it actually was filed.

Step2

Ask Friends and Family - Ask people who knew the deceased person if they know if a will exists and who might have a copy. Use your computer to email friends and relatives that are far away. A good place to get a list is from the funeral home. Just ask for a list of all the people who sent flowers. Send thank you notes for attending. Wait a while, then send letter or make a phone call to ask if they recall a will.

Step3

Personal Belongings - If you have access, you can search the person's canceled bank checks or other belongings to find evidence if a will existed.

Step4

Hire a Lawyer - A lawyer can ask questions under oath to see they can find a will. This is expensive and there are no guarantees except that you will owe a lawyer some money.

Tips & Warnings

If the cost of a lawyer exceeds the worth of the estate you must weight your options to continue or not.
Most Lawyers offer free consultations.
Use prepaid legal if you have it available and will be using a lawyer.

Comments

stlscientist said

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on 8/12/2008 Excellent point. Thanks for the great advice. I'm sure all those people out there needing help will appreciate it.

asmaio said

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on 8/12/2008 Some states also allow people to register their wills with the court. You can search the court database and find out (although if there is no will registered, it doesn't necessarily mean there's no will, just that it wasn't registered).