how can i get a copy of will when it hasnt been filed in probate court
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how can i get a copy of will when it hasnt been filed in probate court
my sister past a way and the lawyer had guarianship has the will and has not
filed anything with the porbate court in ohio
Asked on January 19, 2017 under Estate Planning, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You'd have to bring a legal action in chancery court (a part or division of county court; the part of court that gives orders in cases not involving monetary damages) seeking a court order terminating his guardianship because she has passed away (you cannot be the guardian over a deceased person) and requiring him to turn the will over to you. Ideally, you should retain a lawyer to help you; if you cannot afford a lawyer or wish to do it yourself, contact the court clerk's office for instructions, possibly sample or template forms, and to find where you can access the rules of court.
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