If There’s a Will, There’s a Way: Finding a “Missing” Will

Person signing last will and testamentAfter the death of a loved one, the executor is responsible for making certain that the wishes of the deceased person, through a will, will be carried out. However, what if you can’t find your loved one’s will?

While you could simply assume that your loved one dies without ever making a will, it’s best to make certain, so you must do all you can to find out if there’s a will or not.

How to Look for a Will

If you have searched the deceased person’s home and found nothing, consider checking out the following:

  • The lawyer of your deceased loved one – If you’re not sure if your loved one had a lawyer, check legal documents and bank statements for any payments made to a lawyer.
  • Your deceased loved one’s safe deposit box – The bank might agree to let you look in the box, but only if you’re an immediate family member. In case the bank doesn’t want to cooperate, you could request the court to order them to give you access.
  • Your local probate court – Contact the court to determine if your loved one deposited his or her will with them.
  • Your local attorney community – Consider publishing a notice of your loved one’s death in local legal publications, newspapers, or newsletters to see if a local lawyer has the will.

If You Can’t Find The Will

If you have exhausted all your options and still can’t find the will, perhaps your loved one died without ever making one. And when this happens, the property and assets would be distributed according to your state’s intestacy laws.

You can hire a reputable probate attorney in Colorado such as Miller & Steiert, P.C. for help in this.

If you did find a will that looks dated and you question its validity, you need to work with a probate attorney to prove to the court that the will has been revoked.

Also, if you firmly believe that there’s a will, but someone is hiding it, you could request the court to order the suspected individual to present the will. Just make certain that your suspicions have weight and would hold up in court.