How do I attain a copy of my mother's will?

Question

I would just like to get a copy of my mother’s will.  She passed away 9 years ago.  She had a home/property but all 6 of the siblings knew she was going to leave the home to one sister.  But what was to be split was her 4 diamond wedding ring.  Each daughter was to receive a diamond.  I want to write my sister who is the keeper of the ring and let her know I want my diamond to have it reset in a pendent/necklace. How do I get a copy of my mother’s will to send along with a letter to my sister informing her? Can I go to the courthouse and get a copy? Would it have had to go to probate since there was a home/property?

Kristen Carron · Answer

It sounds like there should have been a probate.  I would start by calling the probate court in the town where your mom lived.  A will is supposed to be filed with the probate court 30 days after death whether or not a probate was opened.  If the will was filed, the probate court will have it and you will be able to get a copy.

Brian Haggerty · Answer

Well, it should have gone to probate, but if your mother's plan was to leave her house to one child, she could have made that child a joint owner of the property during her lifetime (it's not a good idea, but it's done all the time). But if it went to probate, you'd have gotten notice of the probate at that time. There's no reason to think that the will still exists at this point. If there was probate, the court will have the will. If not, it may have been destroyed.

James Frederick · Answer

Hard to say. If the Will was ever filed with the court or there was a probate estate, then yes, it would be on file there. If it was probated, you would already have received a copy. If probate is needed, and there is no Will, it would not change the result...the estate would still be equally divided by you and your siblings. So Will or not, unless the ring was given to your sister, you are entitled to your share. Of course, if your sister refuses, then you would need to hire an attorney and go to the court. That might not be worth it, on a number of levels.

Thomas Phipps · Answer

If an estate was opened, you can get a copy from the probate court file. If not, you will have to find out who had custody of the will.

James Weiner · Answer

Sometimes a will is filed with the probate court where the deceased lived sometimes not Sometimes a will is actually put in storage at the probate court where the deceased lived sometimes not Contact the probate court to find out. If its not there is little you can do. Also ask if your mother's estate was ever probated BTW If there was a probate action you should have gotten notice.  I am curious because you say. She had a home/property but all 6 of the siblings knew she was going to leave the home to one sister. The only way to do that without was the title in your mom and your sisters names with a right of survivor ship. If not you could be eligible to get 1/6 of the house also.

Dara J. Goldsmith · Answer

If the Will was lodged young o Tao. A copy from the courthouse.  Also I'd the Will was probated a copy may be attached to the initial petition.  As far as what is required, i.e., probate, it is difficult to say without knowing how the assets were titled at the time of your mother's death.  Best of luck to you.  Seek out legal Counsel if you are unsure.

Mark T. Peters · Answer

If the will was probated, it should be in the probate file.

Erven Nelson · Answer

Try the courthouse in the department which handles probates.  Also, write a letter to your sister requesting a copy of the will and to see the ring.

Christine James · Answer

The will is technically supposed to be lodged with the court.  You can check there.  Often times people do not do that which would make it very difficult, absent finding a family member who has a copy, to get your hands on it - especially 9 years later.  Check the court and if you cannot find it there, send the letter without it.

Thomas Edward Gates · Answer

Because the was real property (home), the estate had to be probated to transfer title.  A probate is initiated by filing the Will along with some other documents.  Hence, you should be able to read and get a copy of the Will through the court records.

Maura Curran · Answer

In order to transfer your mother's property, you will have to open a probate.  The probate allows the court to oversee the distribution of property.    Whomever has the original Last Will and Testament will need to provide it to the court.  You can start the process as an interested person and tell the court the name of the party that is in possession of the Will.  In order to probate, the personal representative will need to hire an attorney.

Ben Liu · Answer

Hopefully you can still get a copy from the probate court if the estate was probated.

Kathleen Delacy · Answer

As long as the Executor filed the Will you should be able to get a copy from the Register of Wills in the county she was domiciled.

Victor Waid · Answer

Yes, go to the court probate office and ask for a copy of the will. Hopefully the sister filed the will with the court which is mandatory; you may also want to look at the probate court file to see how the will provisions were implemented.

Bernard H. Greenberg · Answer

The Will should have been filed with the Court whether your Mother's estate was probated or not. Yes, you can obtain a copy at the courthouse if the Will was filed.

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