Lost Original Will: What If I Can’t Find the Will or Trust in NC?

Studies have shown that approximately 55-60% of adults die without a Will. But what if you believe your loved one had a Will or Trust, but no one has been able to locate it?

First, know what you are looking for. Wills and Trusts can come in different formats and storage methods. It could be simply several pieces of paper stapled together; the pages could be held together with some sort of cover or binding; or the documents may be stored within a 3-ring Estate Planning Portfolio binder or similar.

Second, if there is a Will, you are ideally looking for the original Will rather than a photocopy. While there are additional legal procedures that can be followed to Probate a copy of a Will, it will be significantly easier, and it will reduce the likelihood of an Estate dispute if you can locate the original document.

Here are some common places to look:

• Your loved one’s home:
  • Home safe or fireproof box;
  • Filing cabinet or place where other important documents are stored, such as birth certificates, social security cards, insurance policies, and similar;
  • If they have moved since the time the Will was executed, it may still be packed away in a moving box;

  Suppose you have exhausted the above options and inquired with family members. In that case, it may be appropriate to proceed with the process of probating a photocopy of a Will (if a photocopy was located) or concluding that there is no Will and proceeding as an Intestate Estate—that is, an Estate where there is no Will. The North Carolina General Statutes provide specific instructions regarding how an Intestate Estate will be distributed to Heirs.

  Do You Need To Speak With An Experienced Probate, Estate & Trust Administration Lawyer In North Carolina?

  If you have questions for an experienced North Carolina probate, estate & trust adminisration lawyer you owe it to yourself reach out to us. Contact us online to schedule your consultation or you can call our Cary office directly at 919.891.8290. We serve clients throughout North Carolina including Cary, Apex, Clayton, Durham, Holly Springs, Morrisville and Raleigh. We look forward to helping you!

  

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