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What to do when you can’t find someone’s will

On Behalf of | Jan 7, 2025 | Probate |

In the midst of grief after losing a loved one, legal affairs are typically the last thing a family wants to deal with. However, finding out whether the deceased left a will is more than just a legal formality. It is a way to honor their legacy and ensure their wishes are carried out as intended.

While the process may seem daunting, especially during such an emotional time, knowing where to start can make all the difference. If you find yourself in this situation, here is an outline of the steps you can take.

Begin close to home

When searching for a will, begin with the most logical locations. If you have access to the deceased’s residence, look through their personal files, drawers and important papers. Ask family and friends if they know anything about a will or where it might be located. Your loved one may have entrusted a copy of their will to a sibling, adult child or close friend.

Check with financial institutions

Financial institutions often play a crucial role in estate planning. Reach out to your loved one’s banks, investment firms and insurance companies to ask if they have any information. Prepare some basic information about the deceased, such as their name, date of birth and date of passing. This will help the institutions verify your identity and provide the information you need.

Tap into attorney records

Lawyers often keep copies of the wills they help create. If you know which attorney your loved one worked with, contact their office. Even if that specific lawyer has retired or moved, the firm may still have records.

What happens if there’s no will?

If you have exhausted all options and still have not located a will, it is possible that they did not create one. In this case, Ohio’s intestate law will step in to ensure the fair distribution of the estate through a legal process called probate. This court-supervised procedure may take some time, but it can provide a sense of closure and finality, allowing you to honor their legacy.

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