QUESTION
What can I do about my father's estate, probate and misplace of will?
Asked on Mar 03rd, 2013 on Estate Planning - Colorado
11 ANSWERS
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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If you cannot find the original will, and nobody has a copy, the only thing you can do is go through an intestate probate. The court will not create a will based on what somebody believes it said. However, once a personal representative is appointed, that person can require that anyone with a copy of the will produce it so it can then be probated.
Answered on Mar 05th, 2013 at 1:25 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You may have priority to be the personal representative. I would apply for Probate. I would contact attorney's in the area to see if they might have a copy of the missing will. I would also publish a notice at the probate court.
Answered on Mar 05th, 2013 at 1:25 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you cannot find a will the estate will be probated as if no will.
Answered on Mar 05th, 2013 at 1:24 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends. There are many ways to try to locate Wills. If you cannot do so, it may not make any difference. MOST Wills simply provide for the distribution of assets that the State intestate laws dictate, anyway. If you cannot find the Will, you proceed, as if there was no Will.
Answered on Mar 05th, 2013 at 1:24 PM
Hire an attorney.
Answered on Mar 05th, 2013 at 1:24 PM
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You should speak with an attorney who practices in the area of probate in the area where your father resided at his time of death. Locating the original Will may not make a difference. An attorney experienced in probate can address the specific issues and options with you.
Answered on Mar 05th, 2013 at 1:23 PM
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You will want to sit down with an attorney and go over these circumstances with him or her. In any event it sounds like you will have to go through probate in which you would need the assistance of an attorney anyway.
Answered on Mar 05th, 2013 at 1:22 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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If you have a copy of a will, you may be able to use that document as the basis of the probate, otherwise, obtain a probate lawyer to file a petition to administer the estate and go forward from there.
Answered on Mar 05th, 2013 at 1:21 PM
You would need to contact a lawyer to start the probate. You would also want to try to locate any will or trust documents or if not able to then perhaps your father had a lawyer who drew the documents up and retained copies. Either way, you should contact a lawyer to start the process as you only have 1 year from the date of death to start a probate case.
Answered on Mar 05th, 2013 at 1:21 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally you then treat the estate as if he died intestate with no will. Please contact an estate/probate attorney
Answered on Mar 05th, 2013 at 1:21 PM
Immediately contact an attorney who specializes in estate administration for assistance.
Answered on Mar 05th, 2013 at 1:20 PM