What to do if my mom has passed away this week but we can’t find her Will?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my mom has passed away this week but we can’t find her Will?

I was told I can go to the courthouse to see if it was filed. What information will I need to obtain this?

Asked on April 19, 2013 under Estate Planning, Wisconsin

Answers:

Elena Eckert

Answered 11 years ago | Contributor

If the petition for probate has not been filed by someone else, you should start with filing one.  In the petition you should indicate that you are trying to probate a lost will, if you think it does exist and was simply misplaced.

If you do find a will after the petition was filed, it will be admitted to probate.  If, however, the will is not found, you may still be appointed as an administrator of the estate, but the distribution will be done as if your mother died intestate (without a will).

Victor Waid / Law Office of Victor Waid

Answered 11 years ago | Contributor

We do not file wills in California before death has occurred. Keep looking. Also consult a probate lawyer to commence the filinng a petition to administer the estate, and if the will is found, it can be admitted into the probate proceeding; otherwise if will not dound, then any distribution will go according to the statutory scheme.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption