How to know if there is a will.

[Jbrown13]

Texas
Hello, I have tried reaching out to family in regards to a will for my grandmother. I have asked several family members and no one will give me a yes or no answer. Here's my question, in order for their to be an executor does that mean there is a Will? Also I was asked to send copies of a denial for legal aid, the reason stated was "Not enough information was provided, since there are multiple heirs our office suggests the cost of an estate attorney be divided amongst you" In order for there to be heirs to an estate, does that mean there is a will? With that being said, how can my mom who is one of the heirs, obtain a copy of the will, if there is one.

 

[adjusterjack]

Here's my question, in order for their to be an executor does that mean there is a Will?

Not necessarily. People often use executor generically when representative of the estate may be more appropriate. An estate can have a representative even if there is no will.

Also I was asked to send copies of a denial for legal aid, the reason stated was "Not enough information was provided, since there are multiple heirs our office suggests the cost of an estate attorney be divided amongst you" In order for there to be heirs to an estate, does that mean there is a will?

Also not necessarily. "Heir" is also something of a generic term. There can be heirs without a will.

With that being said, how can my mom who is one of the heirs, obtain a copy of the will, if there is one.

She can check the probate court in her mother's county. If probate has not been opened, she can open probate under intestacy (google it) without a will and ask the court to appoint her the representative of the estate. Under intestacy she will share equally with her siblings, assuming her mother had no living spouse.

If somebody has a will that gives somebody a greater benefit than an equal share, you can bet that the will comes out of hiding. If not, then your mother remains in control of the estate for handling of probate under intestacy.

If she has no idea how to do that she will, of course, need the services of a probate attorney.

 

[Dandy Don]

People do not always file the will immediately at probate court, because they may need time to grieve, or some other reasons.

She can wait 30-60 days to give them time to file it. If she is a beneficiary, the executor will notify her by mail.