How can I check to see if my uncle had a Will on file?

UPDATED: Feb 9, 2012

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How can I check to see if my uncle had a Will on file?

My uncle recently passed away and I have been told that I am to inherit some of his land but we cannot find a will. How can I find out if a will was done and where it is on file at?

Asked on February 9, 2012 under Estate Planning, North Dakota


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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Generally speaking, if a Will was filed it would be filed with the probate court in the county in which the decedent resided at the time of his death.  That is legal residence.  But most states do not require that Wills be filed.  I would check with his attorney to see if he or she has the original or there is a copy.  You can try and submit the copy - if executed - as an original or you can abide by the terms rather than the intestacy statute which is what would kick in here.  Good luck. 

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