Can I See My Grandfather's Will?

Full question:

How do I determine if my grandfather had a will? My grandfather died on April 14, 2010, and he had seven children, including my father, who died on June 24, 2009. My grandfather had considerable assets: 800 acres of land and money. I want to determine if there is a will, and if so, if I will be able to review it.

Answer:

A will is not a public document until filed in court as part of the probate process. Typically, the will isn't filed until death of its maker, allowing probate proceedings to take place. In some states, it is possible to file a will before death at the local probate court in the county where the will maker (testator) resides or where real property is located. This is not required, but may aid in locating the will later. I suggest calling the clerk of courts at the local probate court in the county where the grandfather resided or owned property.

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

The three basic requirements for a valid will are: 1) The testator (the person making the will) must be at least 18 years old and of sound mind. 2) The will must be in writing and signed by the testator or by someone else in their presence and at their direction. 3) The will must have at least two witnesses who are present when the testator signs the will or acknowledges their signature. These requirements can vary slightly by state, so it's essential to check local laws.