Why It’s Important to Find a Will
At probate, knowing whether the deceased made a will helps with the distribution of assets and streamlines legal processes. This article explores the question, “How can I find the will of a deceased person?” aiming to help you locate this document to settle their estate effortlessly and according to their wishes.
What the U.S. Will Registry Reveals
According to The U.S. Will Registry 67% of all wills are gone forever. Nevertheless, many different methods can search for those important documents. Let us now look into them.
Where do You Start
The process of establishing whether someone left behind a will after death demands extensive inquiry. People often leave their last will with their attorney or often hide them away in their homes where they cannot be found by anybody else but themselves. Below are several ways how to find a will through the internet and other resources that may assist you in your search.
Try to Determine Where Their Will Was Created
When people think about writing out who should receive what from their estate, two options come to mind: legal assistance or using self-help approaches. Traditionally, many sought legal advice, however, online form wills have revolutionized this trend. Since the advent of the COVID-19 pandemic, numerous individuals have resorted to digital platforms as they craft their wishes thus building confidence in online programs for drafting testamentary instruments.
Looking Through Personal Things
Wills are usually kept at home or put away into safes among other records stored by an individual himself/herself. Searching personal items thoroughly involving concealed spots could yield significant fruitage. Are there any alternatives if it is not at home?
Engaging with Lawyers
Contacting the lawyer of the deceased provides direct information on whether such a document exists and its place of storage. Usually, attorneys hold original copies plus more information regarding estates such as changes and other legal matters.
Search a Will Register
Will registries provide the locations of wills and attest to who drew them. Such platforms may be able to suggest where it could be lying low. This is even faster and easier when you have a complete registry, moreover, The U.S. Will Registry will search feature might give more details like whether the will is with a lawyer, institution, relative, home, or online.
To perform a search in The U.S. Will Registry – Click Here
Families and Friends Can Help Locate Wills
Families and friends can offer insights into the personal matters of the deceased including the existence and whereabouts of their wills. Such discussions often produce useful answers or memories that point out where else they can look. They may also recall talks about its’ possible hiding place in case it exists or any given attorney’s contact information.
Make a Trip to Banks
Wills are frequently kept in banks in safe deposit boxes or mixed with records belonging to individuals having them locked up somewhere at home. Properly going through personal belongings especially secret compartments yields critical outcomes as well. What if the said document cannot be found in your house?
Ask for Help from Health Institutions
Nursing homes or any other care facility where the person died can have items remaining such as wills. Get in touch with these homes so you know if anything is left behind. Care facilities maintain detailed records and procedures for handling residents’ belongings, making them valuable resources in finding a will.
Visit Probate Courts
One can always go to the probate court in the decedent’s jurisdiction as a last resort for valuable information about the existence of a will. Some jurisdictions oversee estate administration and maintain records of wills proven for probate. Ask the court whether the will has been filed for probate and if it has commenced any proceedings for probate. Although this step may need more time and effort, it is important to provide final confirmation about the status and location of a will.
Do Not Lose Hope:
When someone dies without a testament, their estate is either processed through intestate succession or elective share, relying on the jurisdiction and circumstances at hand.
Intestate Succession – For Immediate Family Members
Intestate succession refers to laws that govern the distribution of one’s estate if one dies without leaving a will. This is how it goes:
Descent and Distribution Laws: Every state has laws that determine who gets what when there is no will. They set out which relatives are in line to inherit from the estate and by how much each one of them should get.
Heirs’ Priority: The first-choice heirs under intestacy law usually include immediate family members such as spouses, children, parents, or brothers and sisters. In the absence of these near ones, then distant kin may come into play.
Equal sharing: In some jurisdictions, estates can be divided proportionally between a surviving spouse and children. For instance, a wife might receive a specific share while the remainder is distributed among the children..
Court Intervention: The court oversees asset distribution as per state law, appointing administrators if not designated in the will. This ensures fair estate management and compliance with legal requirements.
Elective Share – For Spouses
Definition: Elective share refers specifically to the statutory right of a surviving spouse to claim a portion of the deceased spouse’s estate, regardless of what the deceased spouse’s will says or if no will exists.
Purpose: The purpose of elective share laws is to prevent a surviving spouse from being completely disinherited by ensuring they receive a minimum share of the estate.
Calculation: The calculation of elective share varies by jurisdiction but typically ranges from one-third to one-half of the deceased spouse’s estate.
Application: To claim an “elective share”, the surviving spouse usually needs to file a claim in probate court, proving their entitlement under state law.
Summary: Importance of Finding a Will
Finding a deceased person’s will is crucial for efficient asset distribution and legal clarity during probate. This article explores strategies to locate a will, emphasizing the use of tools like The U.S. Will Registry and direct consultations with attorneys. Understanding intestate succession ensures fair asset distribution when no will is found. “Equitable share” further emphasizes legal processes that honor the deceased’s wishes and provide closure for their loved ones.
