How Do I Find Out If My Parent Had a Will?

According to a 2022 report by CNBC, 67% of Americans do not have an estate plan, leaving only 33% with plans for how their assets will be distributed to their loved ones upon demise. This means that many families are often left navigating the probate process without explicit instructions from their loved ones. If you are wondering whether your parent left a will, the process of finding out can feel overwhelming in addition to coping with the grief of losing them. Here is a guide to help you find out if your parent left a will.

Start With Personal Records

Most people often choose to keep their wills in a secure location that is not easily tampered with. This may include at the decedent’s residence, for instance, in drawers or safes. Others may prefer keeping their will in one of their bank’s safety deposit boxes. While the latter may be challenging to access, a probate attorney can help you obtain a court order to access the safety deposit box and search for the will.

Ask Family and Friends

Although they may not know the exact location of the will, family and friends may give you clues on possible locations based on their previous conversations with your parent.

Contact Their Attorney or Relevant Professional

If your parent had an attorney, accountant, or financial planner, it is worth contacting them to find out if they might know where the will is stored. Additionally, if your parent has an executor, they will most likely know where you may find the will.

Search Public Probate Records

If the executor is uncooperative in providing you with a copy of your parent’s will, you may be able to find it in public records. In California, wills become public records when filed with the court as part of the probate process. If the will has already been filed, you should find it in the records in the county where your parent lived before they passed away.

Many county clerk offices have online databases where you can check probate filings using your parent’s name. If the will has been filed, you can request a copy through the court. Executors are legally obligated to file a will with the court, and if they fail to submit it, a probate attorney can help you compel them to do so.

What if You Cannot Find the Will?

If you follow the above steps and still cannot find your parent’s will, most likely they did not leave one behind. California’s intestacy laws will determine how your parent’s estate will be distributed in such a case. Under these laws, the estate will be distributed in a specific order, starting with the surviving spouse and children, before other relatives, such as parents and siblings, are considered.

What Happens if You Find the Will?

Once a will is located, it must be filed with the probate court in the county where your parent lived. In California, probate ensures the proper distribution of assets according to the will. The executor, named in the will, manages this process. If you are the executor, your responsibilities include submitting the will, notifying beneficiaries and creditors, inventorying assets, settling debts and taxes, and distributing the estate per the will’s instructions.

Call the Probate Guy Today

If you are struggling to find a will or need help understanding probate laws, contact the dedicated California probate attorney Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=6.&chapter=1.&part=2.&lawCode=PROB