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

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

My father passed away 6 months ago and I have heard nothing about a Will, nor do I know who the executor is. I have no idea who the lawyer was that did the Will if one exists.

Asked on August 29, 2012 under Estate Planning, New York

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

If you don't know that something exists, it would be difficult to get a copy of it.  You will have to ask someone close to your father if he had a will or they found a will.  If you can't do that, you can call the Probate Court where you father lived and ask if there is an Estate for him.  If so, they can tell you the name of the lawyer handling the Estate.

Did your father have assets?  If not, I suggest you don't bother with this.  If he had assets, he may have provided for distribution of those assets through title to the asset (like on the deed to a home or a beneficiary of a retirement account, insurance, or bank account), trust, or will.

If you are named in any will or trust, the personal representative of the estate or the trustee is required to contact you and give you a copy.  If you are not named, they may not be required to contact you.


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