How do I go about getting a copy of our will?

We have moved numerous times and cannot find the Will. Would it be recorded with the courts in the county where we lived at the time?

Asked on November 8, 2011 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you know if you have the original or if the attorney that prepared the last Will and Testament on your behalf has the original?  If the attorney is holding the original then you are fine.  Generally there is no requirement that a Will be filed.  If it were filed then it may be filed in the county in which you resided at the time it was executed.  But it is probated in the county in which you reside at the time of your death, and you have indicated that you have moved since then.  I think that the best thing that you can do at this point is to contact the attorney that prepared the Will in the first place and seek to execute a new Will that revokes all prior Wills.  If you are not changing anything then the fee should be nominal.  But it is the best protection for you here.  Good luck.


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