How can I make sure an estate is in probate court?

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How can I make sure an estate is in probate court?

Executor of the Will is not doing their job. I have no clue if the estate is in probate court because the money was in a 401k. Family keeps giving me different answers about the estate making me fearful about the money left to me, leaving me to believe there is embezzlement in a family company.

Asked on March 13, 2012 under Estate Planning, South Carolina

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  You can check to see if an estate has been filed by going to the probate court in the county in which the decedent resided at the time of his or her death.  That is where the Will would have been offered for probate.  You can also check on the status of the matter as the file is a public record.  If you think that something shady is going on it may be a good idea to hire an attorney to at least send a letter on your behalf.  Good luck.


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