US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
Where can I look to locate a copy of mine and my deceased wife's lost will?

Where can I look to locate a copy of mine and my deceased wife's lost will?

Q: Does a last will and testament need to be recorded?

In many states, a last will and testament does not need to be recorded while the testator is alive. However, after death, it often must be filed with the probate court to initiate the probate process. This ensures the will is legally recognized and can be executed according to the testator's wishes.

Q: What if the executor won't give me a copy of the will?

If the executor refuses to provide a copy of the will, you can formally request it in writing. If they still do not comply, you may need to file a petition with the probate court to obtain a copy. Executors are generally required to share the will with beneficiaries, as it is part of their fiduciary duty.

Q: How to find a lost will and testament?

To find a lost will, start by checking with the probate court in the area where the deceased lived. They may have a filed copy. Additionally, search through personal documents, safe deposit boxes, or consult family members. If you suspect the will was destroyed, you might need to prove its contents in court.

Q: How long after someone dies can you get a copy of their will?

You can request a copy of a deceased person's will as soon as they pass away. However, the will may not be available until it is filed with the probate court, which can take some time. It's advisable to check with the probate court to see if the will has been submitted for probate.

Full question:

I cannot find my deceased wife and I's copy of our last will and testament or living will. Is there a website that I can source this information through? Is it possible to locate where it was filed?

Category: Wills and Estates
Date: 04/07/2025
State: North Carolina

Answer:

Please see the information at the following link:

http://definitions.uslegal.com/l/lost-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

What is the negligence of an executor?

Negligence of an executor occurs when they fail to perform their duties responsibly, leading to harm to the estate or its beneficiaries. This can include not filing the will with the probate court on time, mismanaging estate assets, or failing to communicate with beneficiaries. If an executor is negligent, beneficiaries may have grounds to seek legal action against them for breach of fiduciary duty.

Does a last will and testament need to be recorded?

How do you deal with an uncooperative executor?

If an executor is uncooperative, you can start by communicating your concerns directly with them. If that fails, you may need to seek legal advice. In some cases, you can petition the probate court to compel the executor to fulfill their duties or even request their removal if they are not acting in the best interest of the estate.