Legal Question in Wills and Trusts in Ohio
How do you find a will for someone who is recently deceased
A friend recently passed away. She stated that she had a will, but we cannot find it in her personal papers. Would there be any legal way to find it? We do not know who her lawyer was and I was wondering if lawyers filed anything with the state. She has four adult sons and we would prefer if they didn't have to go to probate court, would there be any other options if a will cannot be found?
2 Answers from Attorneys
Re: How do you find a will for someone who is recently deceased
In addition to Mr. Ducey's advise, which is accurate, I recommend that you go through the deceased's canceled checks and bank statements to look for two things: 1) Payment for a safe deposit box where the will may be located, and 2) payment to a lawyer who may have the will on deposit in his or her lawfirm. You may also want to take an advertisement out in your local Bar Association magazine asking if any lawyer knew the deceased, and if so to contact the administrator regarding the location of the will in case the lawyer still has the will and does not know the person has died. Good Luck!
Re: How do you find a will for someone who is recently deceased
In the state of Ohio it is possible for a person to have their will placed "on deposit" with the Probate Court in the County that they live in. The Court keeps the original in a safe at the Court and keeps an index of wills which are deposited there. Every time an original will that is not on deposit is filed with the Court they must check the index to see if a more recent will was placed on deposit.
If you can't find it at the Probate Court you may want to place an advertisment in the local paper in an attempt to find the original.
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