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5. What Should we do if we Suspect that the Decedent had a Will, but we cannot Locate it? As a general rule, most persons keep their wills in their safe deposit boxes. It would be very helpful to check any bank statements that arrive in the mail and contact that bank to see if the decedent had a safety deposit box. If the decedent had a safety deposit box, arrangements can be made to open the safety deposit in order to retrieve the will or at least determine that it is or is not in the box. Also, many attorneys write wills for their clients, whether or not the attorney is familiar with probate law. The decedent's family attorney should be contacted in order to determine whether or not he or she has copy of the decedent's will. Finally, if the will cannot be located in those two manners, other relatives and close friends of the decedent should be contacted in order to see whether they know where the will might be, or whether they recall the decedent actually executing a will, seeing a lawyer about a will, etc. Some friends may have even been witnesses to the will, as every non handwritten will must be witnessed. Sometimes a will may be filed for safe keeping with the probate court in the county where the decedent last lived. However, that is very rare.

Copyright © 2002
by Nancy Pack-Rayman and Michael Norman Saleman
All rights reserved.