What do i do to find out if my mom has a will

Mom passed 2 months ago and I don’t know
if she had a will or not

Asked on December 1, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There is no real way to find out if there is a will if one was never filed--and one probably was not filed, since wills only have to filed when someone probates them after the testator (person making the will) passes away. You can and should check her papers or files, ask her family and friends, contact her lawyer and accountant (if she had them and you know who they are), look in a safe deposit box, etc. but ultimately, whether or not she ever made a will, if you can never locate it, it may has well have never been made. A will must be found to be probated; and as stated, since it does not have to be filed in advance, if you can't locate a will, either there is none or it is lost.


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.