How can we get a copy of a will for a deceased parent without going through the executor.

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How can we get a copy of a will for a deceased parent without going through the executor.

My wife’s father died. Her brother was the executor and said everything had been left to him. Is the will a public record after death? How can we obtain a copy of the will without causing grief by going through my brother-in-law?

Asked on July 6, 2009 under Estate Planning, Texas

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

I see your dilemma.  The will becomes part of the public record when it is filed with the probate court.  Check with the court and see if he's already done that.  If there is no record of a probate having been opened, you may need to contact your brother-in-law in the end.  There will be no other way to get a copy unless you know who the attorney was who prepared the will.  The attorney typically keeps a copy.


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