How can I obtain my deceased mother's will without contacting my brother?

Full question:

Can I obtain a will for my dead mother who passed in August of 2009? My brother who is executor and I do not speak. Is there a way to obtain said document without contacting my only relative?

Answer:

The ability to obtain your mother's will depends on whether it has been probated. A will becomes a public document only after it is filed in court during probate proceedings, which typically occur after the testator's death. In some states, a will can be filed with the local probate court before death, but this is not common. To find out if your mother's will has been filed, contact the clerk of courts at the probate court in the county where she lived or owned property. They can guide you on the procedures to access the will.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

No, you typically cannot obtain a copy of your mother's will before she passes away. Wills are private documents until the testator's death and subsequent probate proceedings. Once she dies and the will is filed in probate court, it becomes a public record, allowing interested parties to access it.