Find A Will: Steps and Tips

It can stir emotions in the house trying to solve the riddle of how to find a will and also bring up further difficulties in the probate process. It’s not uncommon for families to lose sight of the will. In this article, we will discuss tips that can be considered in attempts to find a will that cannot be found. What’s more, the lack of ability to find such a vital document can worsen the issues of probate. In this matter, it stresses the need for having a system. You will read several recommendations about where and how to begin the search for the last will and testament that has gone missing, together with its contents, within a short time. At the end, we hope to provide assistance to families faced with this very painful problem of estate matters.

First Step to Find a Will: Gather Information

Despite the fact that the person who signed the will is deceased, you still need as much information as possible about them to find any relevant documents. As well as try to collect information regarding any relatives or other heirs of the deceased.

Usual Locations Wills are Kept

• Safe Deposit Box: Usually placed in a bank for safekeeping.
• Home Safe: A form of protection within the house.
• Filing Cabinet: Near other materials in a separate file meant for a particular purpose.
• Attorney’s Office: Housed with the individual’s legal representative.
• Digital Storage: These documents are kept in electronic form, including computers or the internet.
• Family Lawyer: Kept by the individual’s legal counsel.
• Executor: The executor found the will in the attic.
• Home Office: Keeping it with oneself together with other personal or business papers.
• With a Trusted Relative: Passed on to another immediate family member.
• Copies to Beneficiaries: The lawyer gave a copy of the will to each beneficiary.

Unordinary Places Where People Store Their Wills

Unlike the orthodox practice where wills are stored in specific locations, individuals have stored their wills in absurd places. Some peculiar examples include:

• Freezer: One of the strange places where some people stored their wills was inside a sealed bag in the freezer. It is assumed they did this to insulate the papers against heat and other destructive situations.
• Bookshelves: Although people usually store wills in designated safekeeping areas, some have hidden their wills between books on a bookshelf.
• Cookie Jar: Some crafty individuals have concealed their wills inside a cookie jar, mixing important documents with common household items.
• Under Furniture: People have hidden some wills by taping or tucking them under tables and couches, keeping them discreetly.
• Under the Bed: Check for any storage boxes or manila envelopes that might be under the bed.
• Behind a Framed Picture: Some have hidden their wills behind the canvas of a painting or the glass of a photograph, creating an original and secretive storage solution.

While these examples may be amusing, store wills in safer, conventional ways to easily retrieve and use them when needed.

The U.S. Will Registry

There exists a systemic U.S. Will Registry, which has been in operation since 1996 and actively maintains this secure database. It is also worth mentioning that will registration allows people to indicate where their wills are kept so that when they die, their family members can easily find and retrieve them.

A loss of a will particularly brings about conflict and strain among family members as it may be difficult finding a solution on how to go about issues that need the help of the deceased’s will. In addition, registration is provided on an unlimited basis at no cost to the general public and to attorneys as well.

How to Search for a Copy of a Will in the Registry

In order to obtain a copy of a will from the U.S. Will Registry, these processes can be followed:

• To Access the Registry Website: The U.S. Will Registry official website.
• Explore Search Options: Once logged in, navigate to the search or find a will section.
• Enter the Necessary Details: Enter the deceased person’s legal name, date of birth, related details, and other necessary information to conduct the search.
• Submit Your Search Request

Review the Results:

When a match is found in the U.S. Will Registry, the registry will inform the searcher of the result. However, the information will only be released after the searcher provides the necessary identification and a death certificate.

If a match is not found: If no match is found, the U.S. Will Registry adds the searcher’s information to a missing will database. Attorneys use this database to cross-reference their clients with family members searching for a will.

The U.S. Will Registry Find a Missing Will Search

 

I’ve Exhausted All Avenues, Now What?

Intestacy Laws and Estate Distribution

If no valid will exists, intestate succession applies, and the estate will divide the surviving assets among the deceased’s relatives. The laws give preference to immediate relations, starting usually with a widow or widower. If the deceased had no spouse, the estate typically passes to the children next.

Jurisdictional Variations in Intestacy Laws

It is, however, important to note that some aspects may vary from one jurisdiction to the next. In certain situations, if there are no surviving spouses or children, parents, siblings, or other relatives may inherit. These laws seek to ensure the distribution of property in a manner consistent with the family structure.

Probate Process and Executor Assignment

If probate is necessary, the court will appoint an executor. The executor takes control of the estate and leads in the payment of debts and taxes and in the distribution of the estate according to the rules on the distribution of assets in the case of intestate succession.

Alternatives to Probate: Trusts and Estate Planning

In some cases, there may be a trust or estate planning device that would govern the disposition of property outside of probate, even if there is no will.

Quickly Engage a Professional

Professional people exist to help clients find last wills and testaments that have gone missing. Such services are most often provided by private detectives or specialist firms in estate planning and probate law. The following legal tools are available to help search for a missing will:

Wills and Probate Researchers:

They specialize in locating missing beneficiaries and heirs. However, these professionals also assist in finding lost wills. They have a variety of options available to them, including collecting public records and conducting database searches to find any missing and often hard-to-find wills.

Estate Planning Lawyers:

Some specialize in missing will searches and give family planning attorneys plenty of room to think creatively. They have an understanding of probate law and may have dealt with searching for a will that has been presumed lost.

Private Investigators:

Help is also needed from private investigators to find wills and testaments. They search for the will through means such as public records, engaging concerned parties, and following leads

Probate Period: When Does it Start and End?

The probate process typically sets the timeframe for settling a deceased person’s estate, including collecting debts and distributing assets. The probate period depends on the estate’s complexity and jurisdictional requirements. Hire a local lawyer to determine when it ends.

Broadly speaking, the process of administering the estate following the court order for probating the will normally comes to a conclusion by a decree for the final settlement of the estate. If no match is found, the U.S. Will Registry adds the searcher’s information to a missing will database. Attorneys use this database to cross-reference their clients with family members searching for a will.

When searching for a will in a deceased person’s estate, you face a time limit set by the start of probate. In addition, finding it after the initiation of probate may impede the court from finding it valid. Hence, it is prudent to look for the presumed will and start the probate process without further delay before time elapses.

To Sum Up:

Most importantly, it is essential to look for a will before the expiration of the probate period. Doing so will entail a lot of time and effort. That is why it is wise to take your time and be thorough in your search and explore all aspects of the places where the will should be.

FAQ’s Related to How to Find a Will?