Legal Question in Wills and Trusts in New York

Obtaining a Copy of a Will

My in-laws have both passed away. I know they had a will, as I saw a copy before they died. I cannot locate the copy I saw. How can I go about obtaining a copy of this will. I don't know when it was made or by whom.


Asked on 11/09/00, 6:26 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Obtaining a Copy of a Will

Try to locate the lawyer who prepared it. Lawyers charge fees and the checkbook may disclose the name of the lawyer.

Talk to close relatives, clergy and confidantes.

Infrequently, a Will is deposited with the Surrogate before a person dies. Check there.

Search through all the old papers, strong boxes, safe deposit boxes, etc.

If no Will is found and it was last in the possession of the deceased, it is assumed that the deceased destroyed it intentionally.

If a copy is found it may be recognized under the lost Will doctrine.

If there is no Will, the property is distributed by the laws of intestacy.

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Answered on 11/10/00, 8:56 am


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