When someone passes away, it is important to determine whether they had a valid will in place. This can be accomplished through a careful search for the document. If a will is located, it will guide the distribution of the decedent’s assets in accordance with their wishes. If no will is found, it may be concluded that the decedent passed away intestate, meaning that their assets will be distributed according to state laws.
There are several potential locations where a will may be found, including the decedent’s home or office, a safe deposit box at a bank or financial institution, with a trusted individual, or with the clerk of the court.
Decedent’s Home or Office
Starting with the decedent’s home or office is a logical first step in the search for a will. Common storage locations such as filing cabinets, desk drawers, and spiritual books should be checked. It’s possible that the testator carefully hid the will, so some ingenuity may be required to locate it.
Decedent’s Safe Deposit Box
Another location to check is the decedent’s safe deposit box. Many states have statutes that allow for relatively rapid access to the safe deposit box in order to locate important documents such as the will, as well as other important papers like a burial plot deed or life insurance policies.
Trusted Individuals
It’s also possible that the testator transferred possession of the will to someone they trusted, such as a family member, close friend, the person named as the executor, or the attorney who drafted the will. State laws usually require anyone in possession of a decedent’s will to turn it over to the court or someone who intends to probate the will.
Clerk of the Court
Finally, some states permit a testator to deposit their will with the clerk of the court for safekeeping. The clerk files the will in a secure location and then turns it over to an authorized person or the court upon the testator’s death.
Conclusion
In conclusion, locating a will can take some effort, but by starting with the common places where a will might be found, such as the decedent’s home or office, a safe deposit box, or with a trusted individual, and ultimately the court if all other options are exhausted, you can eventually locate the will and ensure that the decedent’s assets are distributed according to their wishes.
Do You Need Help from an Experienced Probate Attorney?
If you are considering probating a will in Texas, contact an experienced probate attorney today. They can answer any questions you have and help you through the process so that you can move forward with confidence.
Call us today for a FREE attorney consultation. (469) 895-4333.
