How to Find Out If Someone Left a Will for Probate

By Anna Assad

A will is a written document that specifies how a person wishes his estate to be divided. After the testator dies, the will is commonly subject to court proceedings known as probate. Relatives and other potential heirs may find it necessary to locate a will, especially when challenging or questioning the estate proceedings; others often find wills useful when researching family trees. Wills and estate proceedings are typically filed in the probate court of the county or counties in which the deceased had a connection, such as residence or property holdings.

Step 1

Contact the clerk of the probate court of the last county of the deceased person's residence to ascertain if a will was submitted to court in a probate proceeding. Provide the clerk with the deceased person's legal name and the approximate date of death if you know it.

Step 2

Check the land records of the counties in which you believe that the testator, or deceased person, may have owned real estate. Visit the office of the county clerk or recorder for each county and request that the clerk run the deceased's name through its land records to locate property that may be in his name.

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Step 3

Contact the probate court clerk in every county in which the deceased person owned real estate. Provide the clerk with the deceased person's legal name, date of death if you know it, and address of the property. Ask her to check for a filed will.

Step 4

Contact the probate court clerk of each of the counties in which the deceased person previously lived. Provide the clerk with the deceased's name and an estimation of date of death, if possible. Request the clerk to check the court files to see if a will has been filed in that county.

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How to Get a Copy of a Probated Will

References

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How to Find Out if a Person Died With an Estate

Almost everyone has an estate at the time of death: An estate is simply the property the person owned at the moment of death. Most people own something, even if it is only a few personal items. However, you may not know the size of a deceased person's estate. If someone has initiated court proceedings to account for and divide the estate, you can often find out what the estate contains.

Who Can Get a Will Into Probate?

Probate is the court-supervised process of administering the estate of a deceased person. Submitting the final will to the probate court starts the formal process. Probate proceedings vary from state to state, depending on local jurisdictions and the complexity of each estate. While general provisions apply to most probate proceedings, contact an attorney or your local probate court clerk if you have questions regarding specific instructions on filing a will for probate in your state.

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