Customers of estate planning attorneys frequently inquire about the means by which they might receive copies of the wills and testaments of deceased loved ones. A will is considered to be private personal property, and because of this, no one has the legal right to examine it if the person who created it is still alive. Even after a person has passed away, his will cannot be examined by anyone until it has been presented for probate, at which point it is made available to the public as part of the court record. Wills are normally submitted to the county's probate court in either the county in which the decedent resided at the time of his or her death or the county in which the decedent possessed real estate. This is done to assure that the wishes of the decedent are carried out. After finding the right probate court, a person can look at that court's online probate docket to see if the will of a loved one who has passed away has been submitted for probate administration. A client can obtain a copy of a will, if it has in fact been filed, by physically appearing in court and paying the standard copying cost, which ranges from fifty cents to several dollars per page. If a person is unable to physically attend court, that person may submit a request for a copy of the will by the mail or via fax by providing the court with a stamped envelope and self-addressed
How to get a copy of a will that has not yet been submitted for probate
If a deceased person's last will and testament have not been given to the court for probate, the document does not become part of the public court record. As a result, only the listed beneficiaries, personal representatives, and guardians of children under the age of 18 would be permitted to view it. If you're not sure whether or not you've been named in a will, but you have a strong suspicion that you have been, you can take legal action to force the person who is in possession of the will to file it with the appropriate probate court. This is something you can do if you have a strong suspicion that you've been named. Once a person in possession of an original will discovers that the person who made the will has passed away, it is a violation of the law in some states for that person to fail to file the will with the appropriate probate court in accordance with the requirements of that state's legal system. It is essential to be aware of the fact that not all wills are able to successfully regulate the distribution of a person's possessions after they have passed away. It is possible for this to occur when all of the deceased person's property is comprised of non-probate assets, such as joint deeds and accounts, TOD and POD accounts, life insurance, and retirement funds such as IRAs and 401(k)s. In situations such as these, the other joint owners would automatically receive ownership of the deceased person's property. In other words, the will of the deceased individual will not be followed when it comes to the distribution of their possessions. In this scenario, possible beneficiaries should consult estate lawyers or trust litigators to evaluate their legal rights and alternatives as it pertains to both the estate and the trust.Questions That Are Typically Asked (FAQs)
Wills—do they become part of the public record?
Wills are only included in the public record if they are submitted to a probate court or if they pertain to an estate that is not very large. Wills are taken to be private documents as long as the individuals who created them are still alive.How much should it cost to get a copy of the last will and testament of a person?
The fee to reproduce a page in federal court documents is fifty cents. If there are any difficulties in accessing or recreating the document, there is the possibility that additional expenses will be incurred.