How do I get a copy of my Mother’s Will?

UPDATED: Aug 22, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 22, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I get a copy of my Mother’s Will?

My mother passed away 4 months ago in CA. My stepfather is refusing to give me a copy of their Will. I sent a Certified 10-day demand letter, requesting a copy and still no response. What is my next step? Is he breaking the law? Can I file a police report?

Asked on August 22, 2011 Nevada


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

Answered 11 years ago | Contributor

I am so sorry for your loss.  And for the problems that have occurred.  There are various ways to handle this.  First, wait.  You will receive a copy of the Will when your Father submits it to probate.  At least you should.  Notification to you as a potential beneficiary is required.  If, however, he someone has skirted that requirement you can look up the Will by viewing the probate file in the probate court in the county in which your Mother resided when she passed away.  Once filed, a Will is a public document.  Or you can hire an attorney to make inquiry for you and demand that the Will be probated. Filing a police report is not a proper step.  Good luck.    

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 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