how to find lawyer will executor

How to Find a Will.

• Contact the Deceased’s Attorney. When a person is alive, a Will is his/her personal property. Legally no one has the right to view it. Many people ...
• Check with the Probate Court to Find the Will.
• Locate the Probate File Number.
• Search the Probate Index Online.
• Contact a Probate Lawyer in California.

Full Answer

How do I find an executor for my will?

 · If you require the services of an experienced Long Island wills, trusts, and estates attorney, please contact the Law Offices of Michael W. Alpert at (516) 280-7288 or e-mail: malpert@alpertlegal.com.

How to hire an estate attorney as an executor?

If you know the lawyer's name but don't have an address or phone number, call the state bar association or check its website. In most states, the law requires anyone who has possession of a will to promptly turn it over to the executor named in the will or to the local probate court. The local probate court.

Do I need an executor for my will?

 · Referencing the will itself is the best way to find out who the executor is. If possible, locate the document wherever it’s stored or reach out to the deceased person’s estate attorney to get the information. It’s important to make sure the will you’re referencing is the most recent version if your loved one made changes to a previous version.

What questions should I ask the executor of an estate?

 · How to Find a Will. Contact the Deceased’s Attorney. When a person is alive, a Will is his/her personal property. Legally no one has the right to view it. Many people ... Check with the Probate Court to Find the Will. Locate the Probate File Number. Search the Probate Index Online. Contact a Probate ...

Can a will be found?

Sometimes, everyone knows a will was drawn up and signed, but it simply can't be found. You may be left with no will at all, or with an old one that you believe the lost one revoked.

What happens if you don't find a will?

If your best efforts don't uncover a will, it's not a problem. Other documents—for example, living trusts, pay-on-death beneficiary designations, or joint ownership deeds—will give you at least some of the instructions you need, and state law will supply the rest.

What is a codicil in a will?

A codicil is a document that revises or adds to a will. These days, codicils are rare. Most wills are created on computers, so people who want to change something commonly make a whole new will, which takes the place of all earlier ones.

The Information Is Public Record

In many cases, surviving family members might not have a copy of the will or they might be unsure whether the copy they have is the most recent version. Fortunately, this information is public record, which means obtaining the information is a straightforward process.

What If There Is No Will?

When someone dies without a will, their estate’s assets are distributed and debts are paid through a state’s intestate process. The probate court can appoint someone as an administrator, which is very similar to the role an executor plays when carrying out a will.

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Check with the Probate Court to Find the Will

To confirm the existence of a Will, you can contact the Probate court. Usually, the court in the county where the deceased person lived their last days has the probate jurisdiction. Contact the clerk in the concerned probate court and ask how to check the status.

Locate the Probate File Number

Some courts have automated phone lines that require you to input the name and death date of the deceased to find the probate file number. So, for locating a Will or the probate record, make sure that you know:

Search the Probate Index Online

Some probate courts have online archives where can search the probate index. While some may only provide the information about the probate court where the person filed the will, others may allow to view the record online.

Contact a Probate Lawyer in California

If the executor has not filed the will for probate, you will not find a public record. Perhaps, someone has intentionally not filed the will. However, if you are sure that you are one of the beneficiaries, you can take legal action to find the will.

How long does it take to become an executor of an estate?

Apart from being someone you trust, your executor must be prepared for a job that could take months to complete. Depending on the size of your estate and the types of assets you have, your executor also may need particular financial or legal expertise. [1]

How old do you have to be to be an executor?

As a basic matter, executors generally must be a U.S. citizen over the age of 18 who has not been convicted of a felony. Some states also require your executor to be a resident of the state where you live or where the bulk of your property is located.

What is the most important thing to do when writing a will?

When you're writing your will, one of your most important tasks is to choose an executor. This person will be in charge of distributing your assets according to your will after you die. Apart from being someone you trust, your executor must be prepared for a job that could take months to complete. Depending on the size of your estate and ...

Can you name more than one child as executor?

If you have more than one child and only intend to name one of them as your executor, it's important to talk to all of them and make sure they understand why you've chosen the child that you have and how they can all work together to ensure an efficient administration of your estate.

How long does an executor of an estate last?

These duties may last for months or even years, depending on the size and complexity of your estate. For a small estate, it's common to appoint your spouse or an adult child as your executor, since they typically have a personal interest in moving the estate through probate smoothly.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

How to hire an estate attorney?

Once you figure out the type of attorney you need, you then need to go about hiring an estate attorney. Here are a few tips to hire an estate attorney: 1 You don’t have to hire the first estate attorney you talk to. Personality matters. As an executor, you will have to work with the estate attorney, so make sure the estate attorney you hire is someone you trust and respect. 2 Ask about the fees. How will the estate attorney be compensated for her work? Will she charge you by the hour or is there a flat fee based on the will and size of the estate? 3 Ask about the process. Will you work with the person you are talking to or a team of people? If it will be a team, make sure you meet those people as well. Paralegals can play a significant role in this process – so meet them if they will be involved.

Why is it important to have an estate attorney?

Because wills and estates vary in complexity, and assets within the estate can add another layer that must be understood and managed properly, it’s always a good idea to have an estate attorney at your side to help manage your executor duties.

Estate executors must not discard papers

You must be careful. Consider having someone help you search for the will. An extra set of eyes doubles your chances of finding it. A witness can also confirm that you did not discard any evidence.

Where Executors Look for A Will

Are you an executor? If you have no clue where to begin, here are some tips:

Executor Tips

Time is always important in handling an estate. Don’t put off looking for the will. If you can’t get your hands on the will quickly, get help. Why would you want to waste your time tracing every possible lead? Hire an experienced estate lawyer to put you on the right track.

What to do when someone close to you dies?

When a relative or someone close to you dies, you may need to find a good probate or estate administration lawyer to help you wrap up that person’s estate. The job of hiring a lawyer may fall to you if: you believe that the existing executor or probate attorney isn’t doing a good job.

What is transactional probate?

Transactional probate attorneys handle the administrative side of probates, and probate litigators represent clients in probate lawsuits. Some lawyers do both, but most of them tend to specialize in one area or the other.

What is the executor of a will?

After death, the executor of a will has a lot of duties. The executor is responsible for closing out the estate and carrying out the will of the deceased. If you’re named the executor (also called a personal representative), you’ll have many details to manage.

What is the executor of a will called?

The executor is responsible for closing out the estate and carrying out the will of the deceased. If you’re named the executor (also called a personal representative), you’ll have many details to manage.

Who is responsible for closing out an estate?

The executor is responsible for closing out the estate and carrying out the will of the deceased. If you’re named the executor (also called a personal representative), you’ll have many details to manage.

What are the duties of an estate executor?

Your Estate Executor Duties Checklist. 1. Obtain a Copy of the Death Certificate. The first responsibility of an estate executor is to obtain copies of the death certificate. The funeral home will provide the death certificate; ask for multiple copies.

What is the first responsibility of an estate executor?

The first responsibility of an estate executor is to obtain copies of the death certificate. The funeral home will provide the death certificate; ask for multiple copies. You’ll need to provide a copy of the death certificate for a number of tasks, including filing life insurance claims and tax returns, accessing financial accounts ...

Do you have to file a will in probate court?

A copy of the will needs to be filed in probate court . In some cases, assets can pass to heirs without probate (or via a streamlined probate process), but the law in most states still requires filing the will in probate court.

Can you pass assets to heirs without probate?

In some cases, assets can pass to heirs without probate (or via a streamlined probate process), but the law in most states still requires filing the will in probate court. 4. Locate the Assets and Manage Distribution. As executor, it’s your responsibility to control the assets until the estate is settled.

Courthouse Search

Go to the county courthouse in the county where the deceased person lived. Search the civil litigation, family law and criminal court records by party name to see whether any records contain the deceased person's name.

Notary Public Search

Get out all the signed legal documents that were found among the deceased's property and look for any signatures that were notarized. Go to the county assessor's office in the county where the deceased person owned real property and search for notarized deed records.

Interviews and Advertisements

Talk to friends and neighbors who knew the deceased well. Ask them if they know about events in the deceased's life that would have required legal representation, like an arrest or a lawsuit. Follow up on any leads.