Ask the decedent’s family. Always asking any surviving spouse or children whether there was a will and if they know where the decedent kept it. Check in the decedent’s files. If family members are unsure if there was a will or where it was a kept, ask them to show you where the decedent kept his/her “important papers. ” You should also check the decedent’s home for filing cabinets, file folders or lock boxes/safes that may contain the will. Safety Deposit Box. Some people keep their important papers, including a last will and testament at a bank in a safety deposit box. [1] X Research source A living spouse with a death certificate or a person listed as a joint beneficiary of the safety deposit box can gain access to the box for you. [2] X Research source You should also check with the bank to see whether the decedent granted any other individuals the right to access the safety deposit box. Check with the decedent’s attorney. If the decedent had an estate attorney they may know where the decedent kept his/her will, have the original will, or have a copy of the will. While a copy cannot be submitted for probate, the copy may have notes about the location of the original will. [3] X Research source Check with the probate court. Some probate courts allow people to file their last will and testament with the court prior to their death. You should call the county clerk in the location where the decedent lived and ask whether they maintain copies of wills. [4] X Research source
People convicted of a felony my not be legally allowed to serve as PR. You can check your state’s probate laws for any restrictions on PRs at http://estate. findlaw. com/planning-an-estate/state-laws-estates-probate. html. On the website, select your state and read through the relevant probate laws. Choose a PR who has enough to time to focus on the demands of the estate. More than one PR may be appointed, and the Co-Personal Representatives, as they are called, may be required to act together or each allowed to act on his or her own. [5] X Research source A bank or financial institution may be appointed as PR or Co-Personal Representative. You can contact local banks to see whether they provide this service.
Contact the local probate court clerk and ask what steps you need to take in order for the court to appoint a personal representative. Courts will look at state law for guidance on who to appoint but typically the law will provide for the following people: surviving spouse, children, parents of the decedent, the decedent’s siblings, or the decedent’s grandchildren. [6] X Research source Courts have final authority to name and approve a personal representative and issue “letters of administration,” which grants legal authority to control the decedent’s assets. [7] X Research source
Assets owned jointly with a surviving spouse. Retirement accounts that have a named beneficiary. Life insurance proceeds that have a named beneficiary. Property held in a living trust. Co-owned savings bond. Pension distributions. Certain household goods designated under state law. [9] X Research source
All real property, i. e. land and buildings that the decedent owned. Personal bank accounts. Personal investments, including retirement accounts, stocks, or bonds. Ownership interests in businesses. All other items owned solely by the decedent.
Calculate the value of all of the decedent’s property identified in inventory. You may be required to use an expert or licensed appraiser for unique items or real property, as well as antique cars. For a standard car, you can assess the value of the car using Kelly Blue Book, located at http://www. kbb. com/. Calculate the value of all of the decedent’s debt. This includes all loans, mortgages, and debts that became due on or before the date of death. You may be able to identify the decedents debt by running a credit report. Subtract the value of the debts from the value of the estate. For example, if the value of the decedent’s property is $100,000 and the value of debt $40,000, you would subtract $40,000 from $100,000, so the value of the estate would be $60,000.
Conduct an internet search. Search the internet for the name of the county where they decedent resided and the words “probate forms. ” Most county courts have websites that will provide these forms for download, provide information on how to locate the forms, or contact information for the probate court. Check with the County Clerk or the Court. To get contact information for a county clerk’s office, search the internet for the name of the county where they decedent resided and the words “probate court clerk. ” After locating the court’s website or address, you can call the probate court clerk and ask him or her what forms you need and where you can get them.
Decedent’s full name. If the decedent used any names other than his or her legal name, be sure to include this information in your Petition. Decedent’s address. Decedent’s date of birth. Decedent’s date of death. Personal Representative(s)’ names. Personal Representative(s)’ addresses. Personal Representative(s)’ telephone number. Number and names of heirs. If the decedent did not leave a Will, heirs can be determined by checking the decedent’s state’s intestate inheritance laws located at http://estate. findlaw. com/planning-an-estate/state-laws-estates-probate. html The value of the estate. The amount of each heir’s expected inheritance. An inventory of all personal and real property of the decedent. The inventory may or may not need to be filed with the Court. In all cases, you will need to provide a copy to the heirs. Signatures of the PR and/or the decedent’s heirs. If the forms require that a signature be notarized, have the person who is signing do so in front of a notary public.
