5 Ways To Find Out If Someone Has A Will
The search to determine whether someone had a will begins with the death of a loved one. Whether someone had a will plays a major role in how the property of the deceased is to be distributed. There is no single method that is always successful in trying to find a will. Some of the methods that have proved effective include the following:
(1) Check With the Deceased’s Lawyer
If you know the name of the attorney the deceased typically used, or used in the specific instance of creating a will, contact them. Typically, when a lawyer prepares a will or trust and any other estate planning device, they give the original to the client and retain a copy in their office. You can call the lawyer and request a copy of the will. You can then submit the copy to Surrogate’s Court to probate the will.
(2) Visit Surrogate’s Court
The deceased or the lawyer who drafted the will may have filed the will with the Surrogate’s Court. If the will was in fact filed, then it would be filed in the county where the decedent had his primary residence or in the county where he owned assets. For example, if the deceased lived in New York City and owned real estate in Brooklyn, then you would check with the Surrogate’s Court in New York county and Kings county. The will be public record, and you will be able to print copies and submit the will to probate.
(3) Contact Friends and Family of the Decedent
If the decedent had someone close in his life, other than you, then that person was most likely named the executor in the will. The executor is a person who is in charge of administering the estate of the decedent by selling assets and distributing funds to the beneficiaries. The executor typically has the original will or knows where to find it.
Upon the decedent’s passing, it is the executor’s duty to probate the will. Ask friends and relatives of decedent if they have a copy of the will.
(4) Search Safe Deposit Box of the Decedent
Check with local banks to determine if the decedent had a safe deposit box. If so, you can get a court order from the Surrogate’s Court to gain access to the box to determine whether it contains a will.
(5) Search the Residence of the Decedent
As for the most obvious, search the residence and the place of the business of the decedent. Make sure to also check any and all vehicles the decedent owned including mobile homes, and boats.
Contact Us
Should you have any questions or need legal representation, please contact us at (646) 233-0826. We represent individuals and families in Brooklyn, Manhattan, Queens, Staten Island, and the Bronx.
Our website is a great resource for information regarding many probate and estate planning questions which are frequently asked. Visit out FAQs page for more information.
We also recommend you take a look at some of our other articles such as:
What is a probate lawyer and what do they do?
Common Terms Used in the Probate or Administration of a New York Estate.
