QUESTION
If my father just passed, is his will a public record?
Asked on Jun 11th, 2014 on Estate Planning - California
18 ANSWERS
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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Your father's will would only be a public record if he filed it with the county clerk's office in the county where he lived at the time he executed his will. If he did not, it is possible that the attorney who drafted his will has an executed original of his last will & testament. If you have a family attorney, I would ask this person whether or not he or she drafted a will for your father. Safe deposit boxes are also popular places for people to store their wills, but you may have some difficulty obtaining access to your father's safe deposit box without a court's permission. Please consult a local estate planning attorney for more information.
Answered on Jul 24th, 2014 at 3:53 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Its not necessarily a public record.. but has a heir-at-law you have a right to see it to see if anything is due you.
Answered on Jun 13th, 2014 at 6:40 PM
Edwin K. Niles
The possessor of a will of a deceased person is supposed to "lodge" it with the Superior Court within 30 days. This is often done in conjunction with the filing of a petition for probate. You can index dad's name at the court to see if any of this was done.
Answered on Jun 12th, 2014 at 5:05 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It will become public once it is submitted to the court for probate.
Answered on Jun 12th, 2014 at 4:33 PM
3 Awards
In Nevada it needs to be lodged within thirty days of death with the District Court Clerk. At that point it is public record and a copy may be ordered.
Answered on Jun 12th, 2014 at 4:15 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Illinois statute requires that a Will be filed with the clerk of the circuit court for the county in which the decedent resided. Upon filing it will be on the public record. There are sanctions if a Will is hidden or not filed in a timely manner.
Answered on Jun 12th, 2014 at 8:23 AM
A will does not become part of the public record until it is admitted into probate.
Answered on Jun 12th, 2014 at 8:17 AM
Thomas Edward Gates
It is not public record yet. You need to check his personal property to see if there is a will. If you cannot find one, see if there is a record of the law firm who drafted the will. Lastly, you can run an ad in the state Bar monthly publication to see if some attorney has the original. If you cannot find the will, you can start probate intestate (without a will). There are statutes that define who the beneficiaries are of the estate.
Answered on Jun 11th, 2014 at 8:02 PM
It is once it is filed with the Court.
Answered on Jun 11th, 2014 at 7:54 PM
2 Awards
It's not a public record until someone files it for probate. If you know who has it, and that person refuses to file it, you can go to probate court and force them to produce the will to the court.
Answered on Jun 11th, 2014 at 6:35 PM
2 Awards
Generally, a custodian of the will must file it with the Clerk within 10 days of the notice of death.
Answered on Jun 11th, 2014 at 6:25 PM
Oregon law (and the law of every state) requires anyone holding an original Will to file it with the probate court soon after death. However, many Wills are never filed. Sometimes the holder does not know that the person died. Some are lost and some are suppressed intentionally. It is essential to go to the last residence and any storage areas and search for the Will immediately. An attorney can help you with this.
Answered on Jun 11th, 2014 at 6:25 PM
A will becomes public only if someone files it with a court, such as in a probate proceeding.
Answered on Jun 11th, 2014 at 6:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That is a fact to be determined, commonly wills are filed with the county of residence, but it is not required. You should check his records and files, any safety deposit box or with the attorney who might have assisted him in writing it.
Answered on Jun 11th, 2014 at 6:12 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If the Will was filed with the Court, then it is part of the public record. If it has not been filed, then it is not. The person who has custody of the Will is supposed to file it with the Court, as soon as "reasonably possible."
Answered on Jun 11th, 2014 at 6:10 PM
No, the will is not part of any public record until it is filed with the Court.
Answered on Jun 11th, 2014 at 6:06 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Keep looking. No a will is not a public record. Even if you cannot locate the will just now, consider contacting a probate lawyer who can file a petition for you to administer the estate; if the will turns up, then an amendment of the petition can be made with the court.
Answered on Jun 11th, 2014 at 6:02 PM
2 Awards
It should be lodged with the court in the county where he died within 30 days of his death. Often times they are not so you will have to track it down from whomever has it.
Answered on Jun 11th, 2014 at 6:02 PM