Discovering that you can't find a loved one's original Will can be a stressful moment, but it's a common situation. Here's a step-by-step guide to tracking it down.
1. Search the Obvious Places First
Begin by thoroughly checking the deceased's home. Look in home safes, filing cabinets, desk drawers, and even unexpected places like hollowed-out books or under mattresses. People often hide important documents in places they think are clever but eventually forget to tell anyone about.
2. Check for a Safe Deposit Box
Many people keep their original Will in a bank safe deposit box. To access it, you will likely need the key and a death certificate. If you don't have the key, the bank may have to drill the box, which usually incurs a fee.
3. Contact Their Attorney
If you know the name of the attorney or law firm that drafted the Will, contact them immediately. Even if they don't have the original, they will almost certainly have a copy, and the drafting attorney can often testify in probate court about the Will's contents if the original cannot be found.
Pro Tip
If you find a copy but not the original, don't throw it away! In many jurisdictions, a copy of a Will can be admitted to probate if you can prove that the original wasn't intentionally destroyed by the deceased.