Step 1Request a copy of the last will and testament from the courthouse. To start the process of requesting a copy of a last will and testament from public record, one needs the full legal name of the departed, along with her date of birth and location of residence. This information will be required for county courthouse forms that will need to be completed for the request. A fee may be charged to file for request of a copy. A potential heir may have a right to see a will before it becomes a matter of public record, which will happen after possibly going through probate courts.Step 2Contact the named executor or appointed administrator of the will. If the departed had created a last will and testament, the appointed executor has the responsibility of distributing the remains of an estate. It can take up to a year for the executor of a last will and testament to ensure that any claims against the estate of the departed have been paid, and before any remaining assets can be turned over to any parties named in the will. The named executor or appointed administrator will be on file with the courthouse.Step 3Check public notices and inquire if the will is in probate court and if a case number has been assigned. A court of law may need to determine if a last will and testament is valid before it is executed. Estate laws vary state-by-state, but a copy will be kept on file by the court. It is available as public record. Requesting a copy from the court may need to be done in writing, in person or by telephone and a fee may be charged. Contact the courthouse clerk to find out the procedure since the request process can vary by county.Step 4Requisition the court for a copy of the will while it is still in probate. If a will is currently in probate--or for some reason did not go to court--one can requisition the court to contest the will as a possible heir. The will being executed may not be the final will, or the departed may not have created the final will in a sound mental state. The probate process will determine that the will being executed is the legally sound copy.Step 5Communicate with relatives or friends of the departed to try and find out if the will may not have been made public record by a court. Not every last will and testament goes to probate. The probate process may depend on the property being dispersed in the will, and it varies according to state laws. To transfer titles and for most real property like as an auto or house, a last will and testament must be filed with a county court that will determine such procedures. It is up to the executor of the will to carry out the aforementioned responsibilities
Thursday, June 20, 2013
How to obtain a copy of a will? -
How can I get a copy of a will of my (Kentucky) deceased parents? My brother was executive over the estate and refused to let me have a copy of the will. My parents have been gone for eight years now. My brother hasn t spoke to me since before their passing. He would not even speak at the funeral and threatened to call the police if i ever came to the house. I didn t try because I was young and was afraid of him. He still has the house but I would love to get a copy of the will without him knowing just to ease my mind. I find it hard to believe my parents left me out because we were very close but I also know he had them blinded and they trusted him. I didn t get anything and would just really love to get just one picture and he always said I wouldn t even get a piece of fuzz under the bed. I don t want to get an attorney involved, I would just like to have a piece of mind.
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