We cannot find the will! What do we do now?

Sometimes you may believe that your loved one left a will, but you cannot find the will. What do you do?

First, have you checked the common locations where a will may be kept? A fire proof box in the home? File cabinets? Safe deposit box at the bank? Any other place where your loved one kept important papers, such as birth certificates, social security cards, and insurance policies? The will could be kept inside an envelope or a binder.

If it is not in any of the usual places, do you have any information about the attorney that may have prepared the will? Sometimes, but not always, the lawyer that prepared the will may have kept a copy in his or her file.

Talk with friends and other family members about whether they have any idea where the will might be found or whether they know the name of an attorney your loved one may have worked with. Finally, Georgia law allows a will to be put on file with the local Georgia probate court. Usually this is not done, but if you cannot find a will any other way, it is worth checking into.

If none of those steps turn up the original or copy of the will, it may be that you will need to proceed with settling the estate as if there were no will. This can sometimes be helpful because there are other ways to look for a will once someone is appointed to manage the estate.

Contact our office if you would like more help with this or any other issue related to settling your loved one’s estate.

Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.