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lost will

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J

JGramsx3

Guest
What is the name of your state? Kentucky

My father died recently, and there was no Will found in his possesion. I have discovered he has a safety deposit box, but the bank says I need his death certificate and must show I am administrator of his estate before they will allow access to the box. I have his death certificate, but cannot be appointed executor until I determine if there is a Will. So I am stuck in a catch-22, so to speak! What can I do to obtain access to his box, with being tied up in court for months?
 


I AM ALWAYS LIABLE

Senior Member
My response:

No, you're not "stuck". You're just going about it all wrong, that's all.

All you need to do is file your Petition for Probate, asking the court to appoint you as the "Administrator" of the Estate, WITHOUT a Will.

Then, when you get your orders from the court, you show the bank those orders. They open the box for you. Then, if there's a Will, you'll file it with the court with your Amended Petition for Probate. If you're named as the Executor, then the court will change it's orders and change your Title.

If you're not named as the Executor, then that person so named will need to come forward and agree to be the Executor of the Will. If not, then you can retain your position as Administrator of the Will.

Now, go get your court orders.

IAAL
 

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