How to Get a Copy of a Probated Will

A probated will is one filed with the court to formally commence the administration and disposition of property in accordance with the terms of the will. For example, a person dies, leaving a last will and testament in which that person wanted to leave their house and jewelry to their children. To properly distribute the property, the will must be filed with the court so the children can claim the property. There could be many different reasons why a person seeks to obtain a probated will. One may seek to obtain a copy of a probated will to see what assets a deceased person left and to whom those assets were distributed.

Instructions

1. Obtain any relevant information on the deceased person. This information includes the person's legal name, last known address, date of death and any other information. Determine the jurisdiction in which the deceased person resided.

2. Determine the particular court in the jurisdiction where the will was filed for probate. Look in a local telephone book or check online. Search for the terms "probate court" or "surrogate's court," as these are common names for courts that handle probated wills. Alternatively, ask an attorney or court employee to find out and/or confirm the court where the will was filed.

3. Contact the court to determine exactly what information the court requires to obtain the probated will. Ask the court how the will can be accessed; some jurisdictions have these documents available online.

4. Follow through with the particular court requirements. If the jurisdiction requires a letter, write the letter such that the letter fulfills each and every court requirement. The court may request the reason why you are seeking the probated will. Also, the court may require a fee to obtain a copy of the probated will.

Tips & Warnings

• Check to see if there is a court clerk for the particular court you are contacting; many times the court clerk can provide all of the answers to your questions.