When a loved one passes away, there can be a lot of uncertainty. This is only compounded when you don’t know where the decedent’s will is or if it even exists. In situations where the will has entered the probate process, finding it is relatively simple, but if it has yet to enter probate, things get a little more complicated. Luckily, we’re here to tell you how to find out if someone has a will, no matter your circumstances.
Whether you’re a beneficiary, heir, or disinherited family member who suspects the will was created under suspicious circumstances, locating the will is crucial to understanding and enforcing your rights and ensuring you receive the inheritance you deserve.
“Finding a will after a loved one’s passing can feel like searching for a needle in a haystack, especially if one hasn’t been submitted to the probate court,” said Ron Larson, a Partner at Gokal Law Group and an adjunct law professor at Trinity Law School since 1999 who has been litigating complex cases in California state and federal courts for thirty years. “But it’s more than just finding a document; it’s about uncovering the roadmap to their legacy. As trust and probate litigation attorneys, we act as your guide and use the will to navigate the legal terrain and ensure the estate is distributed as intended.”
How to Find Out If Someone Has a Will
The process of finding out if someone has a will can be a simple one, but not always straightforward. Ultimately, it depends on your circumstances. From whether or not wills are public record to where you should look, here is how to find out if someone has a will and why working with a probate attorney ASAP is crucial.
Are Wills Public Record?
Wills are public record, but only after the person passes away and someone submits the will to probate.
Once a will is submitted to probate, the court can formally admit the will to probate and appoint an executor with the power to distribute the estate assets. The executor then takes an inventory of the estate and distributes assets per instructions in the will. The probate court must maintain the will so the public can access it.
Once the will is lodged with the court and public record, anyone can view it, regardless of whether or not they are an heir or beneficiary of the estate.
What if you want to find out if someone has a will but it hasn’t entered probate? Alternatively, what if you have been suspiciously disinherited and suspect foul play, such as forgery, fraud, or the use of undue influence to remove you from the will, thus preventing you from receiving a copy? You have some options under those circumstances, explained further below.
How to Find Out if Someone Has a Will in Public Records
If someone has a will that is public record and you want to find it, you can search the court records from the Probate Court in the county where the decedent lived.
This can be especially helpful to know if you are dealing with a difficult executor who refuses to provide you with a copy of your loved one’s will or if you are an heir who wants to determine if you have grounds for contesting the will.
Remember that you may have to pay a small fee to obtain copies. Also, just because the Probate Court doesn’t have the will doesn’t mean it doesn’t exist. There could be a chance that no one has found it yet.
Your Options for How to Find Out if a Will Exists
It is natural to worry if someone dies without telling anyone where their last will and testament is located, especially if they told you they left you an inheritance or know that they named you the executor of their will.
The following is how to find out if someone has a will:
- Ask their family and friends who would know.
- Check with the local probate court.
- Search online probate records.
- Wait and see if the executor contacts you.
Alternatively, if you locate a will and believe that the will is not valid and your inheritance has been compromised, an attorney can help you investigate the potential fraud and recover the inheritance you are entitled to.
“Think of a will as the final chapter of a person’s life story,” said Larson. “It dictates how their assets, the culmination of their life’s work, are distributed. If that chapter is missing, or if someone’s trying to rewrite it, it’s crucial to consult with a probate attorney. We’re trained to protect that final chapter, ensuring the story is told accurately, and the rightful heirs receive their due,” said Larson.
Related Article: Shocked by a Suspicious Will? How to Prove a Will is Fake in California
How to Find a Will Online of a Deceased Person
Unfortunately, it is unlikely that you will find someone’s will online. If a person passes away with a will, and the executor of their estate lodges the will with the probate court, you can generally view the will at the probate court in the county where the will was lodged.
“The aftermath of a loss is a vulnerable time, and navigating the complexities of finding a will and understanding inheritance rights shouldn’t add to that burden,” added Larson. “Further complicating matters, we have seen these situations snowball into disputes and litigation often. A trust and probate litigation attorney provides not just legal expertise, but also a sense of security, ensuring that the process is handled with care and transparency and by the law, allowing you to focus on healing and remembrance,” he said.
Related Article: What is the Success Rate of Contesting a Will in California?
Still Have Questions or Problems Determining How to Find Out if Someone Has a Will? We Can Help.
Navigating the process of finding a will can be stressful, especially during such an emotional time. Whether you’re searching for a will that hasn’t entered probate or suspecting foul play regarding its validity, knowing where to look and what steps to take is crucial. In these situations, it’s always a good idea to consult a probate attorney to help you explore all your options, protect your rights, ensure that the decedent’s wishes are properly honored, and safeguard your inheritance.
Contact us today to defend your financial future. We’ll guide you through how to find out if someone has a will and ensure you receive the inheritance you deserve and bring clarity to a confusing and emotional process.
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