What to do if my mom has passed away this week but we can’t find her Will?

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What to do if my mom has passed away this week but we can’t find her Will?

I was told I can go to the courthouse to see if it was filed. What information will I need to obtain this?

Asked on April 19, 2013 under Estate Planning, Wisconsin

Answers:

Elena Eckert

Answered 8 years ago | Contributor

If the petition for probate has not been filed by someone else, you should start with filing one.  In the petition you should indicate that you are trying to probate a lost will, if you think it does exist and was simply misplaced.

If you do find a will after the petition was filed, it will be admitted to probate.  If, however, the will is not found, you may still be appointed as an administrator of the estate, but the distribution will be done as if your mother died intestate (without a will).

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

We do not file wills in California before death has occurred. Keep looking. Also consult a probate lawyer to commence the filinng a petition to administer the estate, and if the will is found, it can be admitted into the probate proceeding; otherwise if will not dound, then any distribution will go according to the statutory scheme.


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