Minnesota USLegal Pamphlet on Lost Wills

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Multi-State
Control #:
US-PMPH-06
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Word; 
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This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.

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If you can't find a will, you will usually have to deal with the estate of the person who has died as if they died without leaving a will. For more information, see Who can inherit if there is no will the rules of intestacy.

Since probate is a court process, all probate records are public records that anyone can read and access. Minnesota also has remote viewing of summarized probate records so that much of the information can now be found online from anywhere in the world.

When probate is granted, the will is kept by the Probate Service and any member of the public can get a copy. If you want to search for the will of a person who died recently, you can apply to the Probate Service for a standing search to be made.

"When a testator dies, an interested party may ask to get a copy by filing a written request along with a death certificate for the testator. Use the Request for Access to Confidential or Sealed Record to make a request."

How to find a willSearch the house. It sounds obvious, but the first place you should look is at the deceased's home, as many people store their will (or a copy of it) in their home.Ask their solicitor.Ask their bank.Carry out a will search.

All beneficiaries named in a will are entitled to receive a copy of it so they can understand what they'll be receiving from the estate and when they'll be receiving it. 4 If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf.

If a Will has been lost, there is a presumption it was revoked by destruction by the maker. However, it may be possible to deal with the estate even if the Will cannot be found or produced. An application can be made to the probate registry for an Order allowing probate using a draft copy or reconstruction of the Will.

Since probate is a court process, all probate records are public records that anyone can read and access. Minnesota also has remote viewing of summarized probate records so that much of the information can now be found online from anywhere in the world.

How to find a willSearch the house. It sounds obvious, but the first place you should look is at the deceased's home, as many people store their will (or a copy of it) in their home.Ask their solicitor.Ask their bank.Carry out a will search.

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Minnesota USLegal Pamphlet on Lost Wills