How do you find a will of a deceased person?

The firm that prepared the will often retain the original signed document, or may keep a record of where the original was sent. If you can't find a copy, then contacting the law firm that acted for the deceased is the best starting point.

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USLegal Pamphlet on Lost Wills

Ohio USLegal Pamphlet on Lost Wills

Name: Ohio USLegal Pamphlet on Lost Wills
Brand: US Legal Forms
Rating: 4.69 (462 reviews)

Category:

Wills - Lost Wills

State:

Multi-State

Control #:

US-PMPH-06

Format:

Instant download

Description

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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How to fill out Ohio USLegal Pamphlet On Lost Wills?

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FAQ

Visit the county probate office where the will may be located. The Franklin County Probate Court's website has a listing of the addresses, phone numbers and websites of probate courts in every Ohio county (see Resources). Most Ohio probate courts do not permit online searches of estate records.

The following proof is required in order to establish the validity of the copy of a will for purposes of probate: The testator is deceased. The testator created and executed the will and the document fulfills the requirements of a valid will. The contents and substance of the will are valid.

The firm that prepared the will often retain the original signed document, or may keep a record of where the original was sent. If you can't find a copy, then contacting the law firm that acted for the deceased is the best starting point.

If no copy of the will can be found, the Probate Registry will require the executors to draw up a reconstruction representing the original will as accurately as possible. This will need to be attached to the affidavit.

Generally, only you and your attorney -- as well as persons you authorize to view its contents -- will ever see the will prior to your death. After your death, however, your will generally becomes public record when it is recorded or filed for probate in an Ohio probate court.

Once you have found the probate court's docket online, you can obtain a copy of a will or related document directly from the probate court by appearing in person and requesting copies of the documents. You can also make a written request submitted by fax or mail should you not be able to appear in person.

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.

When a will is made, the executors are usually told where the will is stored. When you make an application for probate to the Probate Registry, you must submit the original will to be proved, if there is one.

Someone, usually your executor or a family member, files your will (if you had one). In many states, there's a deadline for when your will must be submitted to the probate court (for example, within three months after death). Ohio doesn't have a strict deadline.

You can only see a copy of the will with their permission. After the testator has died, the rules on who is entitled to see a copy of a will depend on whether a grant of probate has been issued yet: Before probate is granted, only the executors of the will are entitled to read it.

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Ohio USLegal Pamphlet on Lost Wills

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