Does an attorney who draws up a person’s Will automatically file it in the county where the person lives or where the attorney is located?

Does the attorney keep a copy in his possession? I need to find the Will of a person who is deceased. She gave a copy to the people who she wanted to get guardianship of her young kids but that person cannot find it.

Asked on February 15, 2015 under Estate Planning, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An attorney need not keep a copy of a Will, although many attorneys do. Additionally, there is no legal requirement that a Will be filed, however many attorneys do file them.

At this point, you should contact the attorney in question, if possible. Ifi not check with the local probate court to see if in fact the Will was filed there. Yu can also check the deceased's home or see if they had a safety deposit box that may contain a copy of the Will. 


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