QUESTION

How do I find a will of a person that has passed away?

Asked on Aug 01st, 2012 on Estate Planning - North Carolina
More details to this question:
He told me he had one but we have been unable to locate it.
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3 ANSWERS

Probate & Trust Attorney serving Fort Lauderdale, FL at Robert J. Slotkin
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If he used a lawyer, the lawyer has a copy and possibly the original. Go through his records to see if he ever retained a lawyer (canceled check, business card, address list).
Answered on Aug 15th, 2012 at 4:54 PM

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Real Estate Attorney serving New Port Richey, FL at Jay W. Moreland, P.A.
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There is no easy answer to this question other than to keep looking. Keep looking through the decedent's stuff, it might be in there. Some people keep their will in a safe deposit box. If the decedent had one it might be in there, but you will likely have to get a court order to open it unless there is another person on the safe deposit account who has access to the safe deposit box. In Florida wills are not filed with the court until a person dies. You can check with the Clerk of Court to see if someone has filed the will with the clerk. Some attorneys who prepare wills keep the original will in their office. So you might want to call the person's attorney if you know who that is. Alternatively, you could contact attorneys in the decedent's area to see if they have done a will for your decedent. You might also contact a local bar association to have them put out the word among their member attorneys that you are looking for a will. In Florida if you cannot find the will the law presumes that the decedent either revoked the will or never had one.
Answered on Aug 15th, 2012 at 4:54 PM

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You can check with the Clerk of Court in the county in which the decedent lived. Sometimes wills are deposited for safekeeping with the Clerk.
Answered on Aug 15th, 2012 at 4:01 PM

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