How to Find Out If Someone Left a Will or Probate

Where there's a will, there's a way to find it.

The executor named in a will is responsible for probating the estate. He or she collects all the assets titled solely in the deceased individual's name, which have no beneficiary. Once this is done, the executor pays all the debts and expenses, then give the rest to the beneficiaries. The executor is bound by the law of the state the deceased individual lived in before he or she died. While each state has their own probate code, the laws are very similar, so some general rules on how to find out if an estate has been probated can apply.

Instructions

1. Contact the executor to find out if he or she has started the probate process and if you are named as a beneficiary under the will.

2. Contact the attorney who drew up the will, because this attorney will often help the executor to probate the estate.

3. Check your local newspaper, because state law often requires the executor to publish notice that the estate is being probated.

4. Go to the local office in your area that is responsible for dealing with estates. The office in Pennsylvania, for example, that handles estates is called the Register of Wills.

5. Check your own mail, because local law often requires the executor to send notice to beneficiaries that the estate is being probated.

Tips & Warnings

• Probate can be a lengthy and complex process. Always contact an attorney in your area if you are a beneficiary to find out exactly what your rights are and to get the best advice on the probate process.

References

• Penn Law: The Uniform Probate Code
• Aligned Partners Trust Co.: Pennsylvania Probate Estates and Fiduciaries Code