when i do a will with a lawyer, does a copy does a copy stay with probate

What does a lawyer keep in his office?

A smart lawyer keeps a copy, in the file he maintains on a given client, of any document that comes into or passes out of his office, especially one he drafted.

Do lawyers keep wills?

Most lawyers who routinely do estate planning keep a fireproof, waterproof safe in their offices. And in that safe, they keep original versions of wills. But not all lawyers do this. Also, it is not uncommon for a lawyer to die or move along, or for family members to have no idea who did someone’s will. As a result, it is very important that people keep an original version of their will, or give that version to their executor. The will should not go into the client’s safe deposit box. The reason for this is because safe deposit boxes are locked down upon death, and you often need the will to get into the box.

Can you probate a will if it can't be found?

Unless the client directs otherwise, the client receives the original will. There have been a handful of occasions when we have probated a copy of a will when the original can't be located. This requires some additional steps, and isn't always possible.

Do lawyers keep copies of everything?

Even in the paper-era, lawyers kept copies of everything . (Or at least any normal one did.) Nowadays, it’s cheap and easy to keep a digitized copy. You scan, tag (maybe), and it’s stored forever.

Do you keep a copy of a will when probate is imminent?

Once in a while, usually when they expect the probate to be imminent, a client will ask the lawyer to keep the original, and after discussing the situation I usually comply, giving the client a copy. (Smart planning in these situations may avoid the need to ever probate the will.) Once in a while a client will ask me not to retain a copy, in which case I won't keep one of the executed will, though I will keep my relevant notes and maybe even drafts.

How to get a copy of a will from a deceased person?

The deceased person's lawyer. If the deceased person hired a lawyer to draft the will, the lawyer may have the original signed document or a copy of it. If you think that's the case, call the lawyer to notify him or her of the death. The lawyer will then be required to file the will with the probate court, and you can get a copy. If you know the lawyer's name but don't have contact information, you can probably find it online or get it from the state bar association. If you think a lawyer drafted the will but you're not sure, go through the deceased person's checkbook and look for payments to a lawyer or law firm.

What to do if you think a lawyer drafted a will?

If you think a lawyer drafted the will but you're not sure, go through the deceased person's checkbook and look for payments to a lawyer or law firm. The local probate court. It's not likely, but the deceased person may have deposited the will with the local probate court. You can ask the court.

What is a handwritten will called?

These handwritten wills are called "holographic" wills and are valid in about half the states. For your state's rule, see " Holographic Wills .". While you're looking, also pay attention to: Codicils. A codicil is a document that changes or adds to the terms of a will.

What happens if you can't find a will?

If you can't find any will, or you find only an old one that you're sure was revoked, you may be able to prove that the will in effect at the time of death has been lost. If you can also prove what it said—perhaps with testimony from the lawyer who drew it up, or the surviving spouse—the court may accept its terms. You'll need help from an experienced probate lawyer.

How long do you have to file a will after a person dies?

By law, most states require that you deposit the original will with the probate court in the county where the person lived within 10 to 30 days after it comes into your possession.

Where to find a will if you don't know where it is?

If you don't know where the will is, start your search in the places that seem like good bets to house important documents: file cabinets, desk drawers, and boxes of papers at home and work. If you don't find anything, consider these possibilities:

Who takes possession of a will?

Generally, the people who were the closest to the deceased person look for the will and take responsibility for it once it's found. But it shouldn't matter who actually finds the will. As explained below, whoever takes possession of the will has a legal responsibility to promptly turn it over to the local probate court.

What happens if someone files another will?

If someone else files another Will to be probated the court will have to determine which is the true Last Will and Testament of the deceased, thus determining which Will should be admitted to be probated.

How many witnesses are needed to fill out a will in Georgia?

When filling a copy of a Will you must provide the court with an affidavit from at least one of the witnesses that signed the will (Georgia requires two witnesses). If you are unable to locate the witnesses after sufficient efforts you can still ask the court to accept the copy based on your good faith efforts to locate the witnesses.

What happens if all heirs are not in agreement?

If all the heirs are not in agreement, notice will have to be given to all the heirs that do not consent to the Will being filed for probate. Once notice is sent (usually via sheriff service or certified mail) to all heirs, this is the point when heirs or other interested parties have an opportunity to object.

What to do after a loved one passes away?

After a loved one passes away, it is not uncommon to want to begin handling their affairs right away . Often, one of the first things the family will want to access the deceased’s bank accounts. Unfortunately, they quickly learn that the bank will not speak with them or give them any information, l... READ MORE.

Can probate lawyers give legal advice?

Our probate lawyers 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.

Do you have to file a will in Georgia?

This does not mean they are required to probate the Will. You can file a Will with the probate court for informational purposes only.

Who should receive a copy of a will?

The Beneficiaries Named in the Will. All beneficiaries named in a will are entitled to receive a copy of it so they can understand what they'll be receiving from the estate and when they'll be receiving it. 4 If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf.

Who can send copies of a will?

If the executor or the estate attorney anticipates that anyone will file a will contest to challenge the validity of the will, he might send copies to any heirs at law of the deceased who aren't named in the will. He might also want to provide copies to any beneficiaries named in a previous will if there is one.

How to find out the executor of a will?

Anyone can see it. Interested parties can also usually learn the name of the executor by getting a copy of the death certificate from the county registrar. 3 They can then request a copy of the will if they haven't yet received one or if it's not yet available for viewing in the court system.

What is a "heir at law"?

Heirs at law are individuals who are so closely related to the decedent that they would have inherited from her if she had not left a will. All states have prescribed lists detailing who these people are. They commonly begin with a surviving spouse, if any, then children, grandchildren, and outward to more distant relatives in an ever-widening arc. More distant relatives typically do not inherit unless all those who precede them in line are also deceased.

What is the name of the person who settles an estate?

Many wills also determine what powers should be granted to the executor, sometimes called a personal representative, when he's settling the estate. They might detail what type of compensation he's entitled to receive for carrying out all the fiduciary responsibilities involved in the probate process. 1 

Why do we need copies of wills?

Providing copies of the will to all these people can help to limit the amount of time that any disinherited beneficiaries or heirs have to challenge the will. In many states, it starts the clock ticking toward the deadline by which they must do so. 5

What is a pour over will?

The last will and testament might be a " pour-over will ." This type of will often comes into play when the deceased had a revocable living trust that was not completely funded prior to his death — not all his assets had been placed into the trust's ownership. This type of will simply directs that any property left outside the trust should be moved into the trust at his death.

Who is entitled to a copy of a will?

These include the beneficiaries, unnamed legal heirs, the accountant for the estate, the successor trustee if there is a revocable living trust, and tax officials.

Why do beneficiaries get a copy of their will?

All beneficiaries named in the will are entitled to receive a copy in order to better understand the nature of their inheritance and how it will be distributed. When beneficiaries are minors, their legal guardians will receive a copy on their behalf.

What happens when an executor does not fulfill his or her obligations?

When an executor does not fulfill his or her obligations, beneficiaries have certain rights to force an executor to comply. This usually means getting the court involved.

What happens if a beneficiary does not agree to the executor's accounting?

If beneficiaries do not agree with the accounting, they can force the executor to pass the accounts to the court.

How long does it take to distribute an estate?

In most cases however you might expect it to be between one to two years before everything is settled. Before the estate can be distributed, the executor must settle any outstanding debts and make sure all assets are available. This could involve selling property whose value is to be split between different beneficiaries, which may take time. Complex estates, especially those involving foreign assets, can add to the delay. An executor can’t be made to distribute an estate until one year has passed from the date of death: this is called the ‘executor’s year’. Even after this date, they can’t be forced to distribute it if there’s a good reason preventing them. For example, if they’re waiting on the sale of a property. It is an all too common scenario someone is aware that a friend or relative who passed away made a provision for them in their Will, but they are completely in the dark about precisely what they are entitled to receive and when they will receive it.

What is a beneficiary in a will?

The beneficiary of a will is any person who is listed on the will as being entitled to receive a defined portion of the deceased person’s assets or income. If the person who has named you as a beneficiary dies, you will normally be contacted and made aware that you have been named as such. You may already know that you were listed as ...

How can executors reduce their risk?

Executors can significantly reduce their risk by respecting beneficiaries’ reasonable expectations and rights. A beneficiary should expect the following: • Be provided with information: It is a fundamental right of a beneficiary to ensure that an estate is administered properly according to the terms of the Will.