How can I get copy of my late father’s Will or any other papers regarding this matter?

Asked on December 1, 2015 under Estate Planning, New York

Answers:

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

Answered 5 years ago | Contributor

If the Will has not yet been probated, then anyone who is an immediate family member of the deceased, whether or not they are listed in the Will, is legally entitled to view a copy. The same is true for anyone who is listed in the Will as a beneficiary.
If the Will has already been probated, then anyone is entitled to a copy since it now a matter of public record.

G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your late father's Will has been probated, it is has become public court records. You can call the court it has been probated in and they will give you the procedure to obtaining a copy of the Will. Wills are usually probated in the county the person lived or has property in.  If it has not been probated, you can ask the person in possession to see it if you are a named beneficiary. If they will not let you, you must force the person to probate the Will through a legal action  filed with the court.


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.