Legal Question in Wills and Trusts in North Carolina
how do i find out if my dad had a will, he past and i dont have access to his personal records or prev lawyers he had.
1 Answer from Attorneys
You do not indicate when your father died. If within the past 30 days, its too soon. If more than 30 days, go to the probate court in the county where he resided at the time of his death (I assume he lived in NC - if not, they call the probate court by other names in other states). See if your father had a will on file. If not, see if anyone opened an estate for your father and probated his will. If no will can be found, then your father will be presumed to have died intestate (without a will). In such case, yif your mother is alive, she would apply to administer the estate. If she is not alive, you or any of your siblings can do so, provided that the other heirs agree. If someone disagrees, there will have to be a hearing and the court can appoint someone or you can wait till 6 months after death and see if the clerk will appoint the public administrator. If a will is later found, it can be submitted at a later date.
However, its better if someone who has access to his papers starts looking through them to see if he kept his will.