It happens all too often. After a loved one passes away, their family can’t find their will or any other estate planning documents. They know their loved one created a will – at least they assured them they did. However, they look everywhere and can’t find it.
In some cases, they find a copy of a will. However, a probate court typically requires the original. What are the options in these scenarios?
When no will can be located
If you’ve looked everywhere and can’t find even a copy of the will, there’s no indication that your loved one had an estate planning attorney and no executor steps forward to say they have a copy, you might try contacting the county clerk where they lived to see if it’s on file there.
If you can’t locate the original or a copy of the will, the probate court will likely require the estate to be distributed according to North Carolina’s intestacy law, since for all intents and purposes, your loved one died without a valid will.
When only a copy of the will is found
As noted above, the probate court typically requires the original. If you can only find a copy, you’ll be able to tell if it was prepared by an attorney. If so, they may have the original or at least know where it might be. The same is true of the named executor.
If you have a copy, however, the probate court will have requirements before accepting it. For example:
- Proof that the original wasn’t revoked but is only missing. If your loved one’s home suffered serious hurricane damage, for example, that could be valuable evidence that it was destroyed.
- The testimony of the witnesses to the signing of the will
- References by your loved one to their will in written correspondence, emails or texts
You may have a better chance of a copy of the will being accepted if there aren’t any disputes among the family about what’s in it. The date on the will can also determine whether it’s accepted.
Remember that the copy needs to be of a valid will. If it doesn’t meet the state requirements, it may be rejected.
You can see how crucial it is not to engage in do-it-yourself estate planning. It can leave your loved ones confused and possibly at odds with one another after you’re gone. Whether you’re ready to create your estate plan or dealing with a loved one’s missing documents, having sound legal guidance can be highly beneficial.