How do I get a copy of my grandmother's will to ensure her wishes have been carried out?
Full Question:
Answer:
Was you Grandma's will ever admitted to probate? Probate is a legal process that begins with a petition (a request) to open the estate and name a personal representative who is responsible for the administration of the deceaseds property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
If the will was probated, you should be able to get a copy of the will from the Surrogate Court of your county. If your Grandma's will was not probated and you know who has it, you might consider writing a letter to that person similar to the following:
Dear __________________:
As you know, ________________________ passed away and left a Will. You are in possession of, or know, the location of the Will. Although I have requested a copy of the Will from you I have not received one. As a grandchild of the deceased, I am entitled to a copy of the Will. In addition, the Will should be admitted to probate and is not effective until probated. No property should be sold or disposed of until the Will is probated and then only in accordance with the terms of the Will and laws of the State of New York in reference to the procedures and authority of executors to dispose of property.
Please provide me with the requested copy and I will contact you to discuss how you intend to handle the estate.
Thank you.
;Sincerely yours,
Name
The production of a will for probate immediately after the testator's death or within a stipulated time thereafter by the person who has custody of it, is enforceable in a number of jurisdictions by statute. Failure or refusal to comply with such requirement is frequently punishable by fine, imprisonment, forfeiture of rights under the will or other punishment. The remedies and forfeitures thus created are generally for the benefit of persons interested in the estate of the decedent. Proceedings seeking to compel production of a will for probate are generally independent special proceedings distinguishable from proceedings used to discover the location of a will. The petition to compel production of a will for probate should be initiated by a person knowing the facts, and it should show petitioner's interest in the estate, the jurisdictional facts of death and residence, and the facts of execution and custody.