Legal Question in Wills and Trusts in Oregon
Is there a record of wills written by attorneys in state courts?
My father passed away this past weekend, though I was notified of the death after calling most of the funeral homes in western oregon I can't find him. And though I know his will was written by an attorney in Washington I don't have a copy, so I am wondering if this information is recorded somehow and how I can access it? Thanks in advance.
1 Answer from Attorneys
Re: Is there a record of wills written by attorneys in state courts?
Black letter law states that a will does not speak until it is published. It's not published until a probate case is opened. Probate will usually be filed in the county where your father resided at the time of his death.
Once it is filed with the court, it is public record. You can call the Clerk's office of the county where you think it is and ask. They'll need his name and they can tell you whether there is a probate filed under that name or not.
Some attorneys keep the originals of the wills they draft, some do not. Some counties allow wills to be filed ahead of time, some do not. Really all you need is the county and then the county clerk's information. That is available on line at courts.wa.gov. Good luck ! Powell
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