How to find a Will/Trust?
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How to find a Will/Trust?
My mother passed on 02/04. We had not been close in the past years. My sister mentioned a Will and/or Trust but now won’t talk to me. When a Will/Trust is prepared is it then filed within the county court system? I don’t know where to go to look for the Will/Trust. Any ideas?
Asked on March 13, 2017 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A will does not have to be filed unless and until someone (e.g. an heir or beneficiary; the person named as exector) actually files it to start the probate process. Until probate begins, wills are generally not filed and not publically available. The only way to find out about one would be to ask those who may know of it or have a copy; if you know your mother's lawyer or accountant, those are good people to ask. You might also ask any close friends of hers.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A will does not have to be filed unless and until someone (e.g. an heir or beneficiary; the person named as exector) actually files it to start the probate process. Until probate begins, wills are generally not filed and not publically available. The only way to find out about one would be to ask those who may know of it or have a copy; if you know your mother's lawyer or accountant, those are good people to ask. You might also ask any close friends of hers.
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