Legal Question in Wills and Trusts in South Dakota
Public Record?
Are wills public record? If so, how can I get a copy? How do I find out if a will is in probate? What is the maximum length of time after a person has deceased is a will read?
Asked on 5/21/02, 3:08 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Public Record?
Wills are not of public record until they are filed with the probate court for administration.
One finds out about a probate by checking the records of the local probate court under the name of the deceased.
It is not legally required that a will be "read," but each state has different laws concerning the time within which a will should be offered for probate after the death of the maker of the will.
Answered on 5/21/02, 5:22 am
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