After the death of a loved one, some questions will arise.  Someone will be needed to handle the tasks regarding their estate. A will gives the best insight into what your loved one wanted done with their belongings. However, a will cannot always be found. Being able to locate a loved one’s will be vital to completing the probate process in accordance to their wishes. 

What a Will Does

     A last will and testament gives one the instructions on how to handle an individual’s assets after they pass away. It names a trusted person (The Executor) to do handle the task of managing and distributing the property. If a person dies without a will, state law will determine who is appointed to manage their estate. In addition, the state’s intestacy laws will determine which heirs are entitled to the property and the size of the share they receive when there is no will. 

     In most states, there is a deadline for filing an original signed will with the probate court after a loved one’s death and in Arkansas that is 5 years.  But be prepared, probating a will is no small feat, it’s a lengthy process that more often than not takes longer than a year, so you’ll want to locate the document as soon as possible.
 

Finding a Will

    The best place to keep a will should be in a safe place known to the named executor and possibly to other beneficiaries. Unfortunately, paperwork can get misplaced and a loved one may die before they are able to discuss their estate plan with their family. However, there are a few common places where wills may be kept and how you can determine if a will exists. 

     A person’s home is the most likely place it will be. Perhaps your loved one got unusually creative in where they placed their will. It could also have just never been organized. Check all the filing cabinets, boxes on the top shelf, and even the freezer. Keep an eye out for business cards from attorneys or law firms. 

     Many people keep a will in their safe deposit box. This can be a problem if the will-maker is the sole owner listed on the box. Bank regulations typically allow temporary access for removing a will under the supervision of a bank employee, but some states will require a court order to open the box.

     The attorney that drafted a will for your loved one likely has a copy or may know where the original is kept. Complications may arise if there has been a lengthy period of time has passed. The attorney that worked for your loved one could have retired or died. Your loved ones may have also moved away and not notified the law office that made their original will. If a will cannot be found in a loved one’s house or a safe deposit box then it would be a good idea to call the office of any attorneys they may have worked with. 

     The state often provides a method of filing a will at a county courthouse. But in Arkansas it is extremely rare to see someone file a will at the courthouse before their passing.

Copies of a Will

      It can tricky to use just a copy of a will to get your loved one’s desired outcome. The legal presumption is that if the original cannot be found,  and it was likely destroyed or revoked by the person who signed it. Any remaining copies in the case were likely also meant to be revoked or destroyed as well. Even more issues can arise when different versions of a will are found. You will likely have to work with the probate court to determine which one is valid. This is especially true if there are disagreements among the heirs about how the estate should be probated. 

     If you cannot find a will then it’s likely it was never created. It’s wise to contact an attorney in this case for advice on how to administer an estate in accordance with intestacy laws.

     The best way to protect yourself and your loved ones is to consult your local elder law attorney. They will make sure that you have the best plan for your future.