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No probate, where's the will?

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J

Jonesy

Guest
If an estate doesn't go to probate does the will still go to the county courthouse for public records? I would like to read the will of my deceased grandmother, but don't really want to tell my aunt (who will be handling everything) about that. Any ideas?
 


ALawyer

Senior Member
The Will is filed when probate is sought. If it is never sought, then the Will is usually never filed.

Any heir at law (someone who would inherit if there was no valid Will) has the right to seek to be appointed administrator of the estate just as if there was no Will, because for all you know there may not be.

The court then has you notify all other heirs at law, such as your aunt. Then all of a sudden the person holding the Will comes in to court an says "Here it is, there is no need to appoint an administrator, name me the executor of this Will". In some states the delay in bringing the Will to court disqualifies a person from serving as Executor, and the court may name you or a friend of the judge. If your mother is still alive, then she would be the one who is the heir at law and if you are just curious, tough luck in most states.
 

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