Losing a loved one is always difficult, even if the death was expected. However, the process of settling the deceased’s estate can become exceptionally complicated when you can’t find their will.
It’s not an uncommon problem after a loved one’s death for families to be unable to locate the original copy of will they know existed. However, it can be a big problem. Under California law, if someone was competent at the time of their death, the law presumes that they destroyed the will. While this presumption is rebuttable, that can be difficult and involves a lot of extra work and expense.
Where to look for the original document
Before you decide to try to overcome the legal presumption in place, it may be worth your while to search thoroughly. Here are some common spots:
- Home safes: Many people keep their will in a safe or a locked drawer at home. Look for fireproof boxes, safes hidden behind pictures or mirrors or any secure area where important documents are typically stored.
- Safe deposit box: If your loved one had a safe deposit box at a bank, it’s a likely place for the original will. You’ll need to follow the bank’s protocol for accessing the box, which may require proof of death and possibly court orders to gain access.
- Court filings: In some cases, testators file their original documents with the probate court of the county in which they live for safekeeping. Check with the local probate court before you give up.
- Online and digital storage: Some people use digital storage services for important documents. If you have access to your loved one’s digital accounts, check for any saved files or storage services that might contain the will.
Finally, if you have a copy of the will your loved one gave you, it should indicate it was prepared with legal guidance. Their estate planning professional should know the status of the will.
If you still can’t locate the original will or know for certain whether your loved one died with a valid will, getting legal guidance can help you determine how to move forward.