How Can I Force My Relatives to Show Me a Copy of the Deceased's Will?
Full Question:
Answer:
You may be able to view the will at the Probate or Surrogates Court if it has been filed with the court. If it has not yet been filed, you can force the filing by starting an action for an Administration of the Estate and by asking that you be granted the right to be named the Administrator. That will force them to produce the will in court and then you'll see who was named and everything else.
Although there is a one year time limitation to file or probate a will in Oregon, it should be done as soon as possible. If the will is not filed within a reasonable time period and a party or a creditor will be disadvantaged as a result, the court will penalize the will holders and credit the disadvantaged party or creditor.
For specific advice on how to proceed with an action to force production of the will, please consult with a local experienced probate attorney.
Please see the following OR statutes:
113.027 Limitation on admission of will to probate.
A will may not be admitted to probate or an estate reopened to admit a will to probate more than one year after the estate of the decedent has been administered in Oregon and closed.
113.035 Petition for appointment of personal representative and probate of will.
Any interested person or executor named in the will may petition for the appointment of a personal representative and for the probate of a will. The petition shall include the following information, so far as known:
(1) The name, age, domicile, post-office address, date and place of death, and Social Security account number or taxpayer identification number of the decedent.
(2) Whether the decedent died testate or intestate.
(3) The facts relied upon to establish venue.
(4) The name and post-office address of the person nominated as personal representative and the facts that show the person is qualified to act.
(5) The names, relationship to the decedent and post-office addresses of persons who are or would be the heirs of the decedent upon the death of the decedent intestate, and the ages of any who are minors.
(6) A statement that reasonable efforts have been made to identify and locate all heirs of the decedent. If the petitioner knows of any actual or possible omissions from the list of heirs, the petition must include a statement indicating that there are omissions from the information relating to heirs.
(7) If the decedent died testate, the names and post-office addresses of the devisees, and the ages of any who are minors. If the will devises property to a person who did not survive the decedent or who is otherwise not entitled to receive the devise, the petition must include a statement explaining why the devise failed. If the petitioner knows of any actual or possible omissions from the list of devisees, the petition must include a statement indicating that there are omissions from the information relating to devisees.
(8) The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that:
(a) The will alleged in the petition to be the will of the decedent is ineffective in whole or part;
(b) There exists a will that has not been alleged in the petition to be the will of the decedent; or
(c) The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate.
(9) The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that a parent of the decedent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, as provided by ORS 112.047.
(10) Whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will is not in the possession of the court or accompanying the petition and an authenticated copy of the will probated in another jurisdiction does not accompany the petition, the petition shall also state the contents of the will and indicate that it is lost, destroyed or otherwise unavailable and that it was not revoked.
(11) A statement of the extent and nature of assets of the estate, to enable the court to set the amount of bond of the personal representative.