Have you seen TV series or movies where someone is dying and is dictating and writing what to do about his riches and properties? Or have you seen a person giving away all his riches and properties to the one he loves before he dies? Yes, we are talking about the last will and testament.
The last will and testament or simply will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his estate and provides for the transfer of his property at death.
- First, you have to check if the will has gone through the process of changing the title of the properties of the testator to the beneficiaries and heirs or probate through the probate court in the county of the state or family lawyer.
- Check out the probate court in the county of the state where the testator lives. A will may be available to the public or become a public record only if it was filed in their court. Everyone can even see and copy the will with a certain fee. It is for this reason that your family lawyer will search and provide a copy for you if you live far away from the place where the will was filed. In this case you can already find out if someone had a will. To summarize it, simply call the probate judge’s office where the testator lived and ask them if a will has been probated.
- Ask the family lawyer or the personal lawyer of the testator or the deceased if he made the will and ask the lawyer if the will was recorded. This would be the next step if the first step failed.
- Lastly, for you to know if someone had a will, ask questions. That’s right! Ask your relatives or the relatives of the deceased person if he has made any last will and testament.
Always remember that everyone who dies has a last will and testament. Assets can also be processed through what is called intestate succession and passed to the beneficiaries and heirs according to the law of the state.
The intestate probate may also be a public record. Even though the testator had no assets that would be passed through probate, the beneficiaries can still have the property because in some circumstances this may be a joint ownership of property.
By the time the owner dies, the property will automatically be owned by the beneficiaries and heirs, and this of course follows the procedure outlined in the trust documents. This kind of probate would never become as a public record thus, everyone would not able to trace them.
Sometimes we tend to stress out ourselves to find answers and yet the solution can be that simple. All these given steps can provide a lot of information and answers regarding this question.