When someone dies, there can be a lot of turmoil. The family grieves the loss of their loved one. The process takes time to express sadness over the death. After planning the funeral and burial, dealing with the estate is an important issue. What is the best way to find out if someone had a will?
A Will is Personal Property while Alive
Have you ever thought about what it would be like to have someone going through your personal effects? When someone dies, all of his personal property is handled by his closest family members. This is usually the time when the will is found.
The well-organized individual will leave a copy of his last will and testament with his attorney. The individual will name one of his family members as executor of his estate telling him to contact the attorney who has the will. When the individual dies, the executor must inform the lawyer of the death and request a copy of the will.
Duties of the Estate Executor
The Executor is given authority over the estate of the Deceased. This is an incredible amount of power if there are valuable assets in the estate. But there are also legal duties that the Executor must perform.
One essential duty is to “publicize” the will. Usually, there will be a hearing with the reading of the will. This is where most people will discover the contents of the will. Some states make it a crime for the Executor to fail to publicize the contents of the will.
Some states require probate for estates of the Decedent, others don’t. The last will and testament should be recorded in the probate court records of the county in which the individual resided when he died. If you want to find out if someone had a will, then you can check with 1) the individual’s attorney, 2) estate Executor or 3) probate court.
If none of these options work, you can sue the estate of the Deceased. Somewhere, someone has control of the personal property of the Decedent. You can bring a lawsuit against that individual to force him to acknowledge the existence and content of any will.