Do I Have a Right to See My Mother's Will?
Full Question:
Can I obtain a will for my dead mother who passed in August of 2009? My brother who is executor and I do not speak. Is there a way to obtain said document without contacting my only relative?
11/16/2009 |
Category: Wills and Estates |
State: California |
#19648
Answer:
The answer will depend on whether the will has been probated yet or not. A will is not a public document until filed in court. Typically, the will isn't filed until death of its maker, allowing probate proceedings to take place. In some states, it is possible to file a will before death at the local probate court in the county where the will maker (testator) resides or where real property is located. This is not required, but may aid in locating the will later. I suggest calling the clerk of courts at the local probate court in the county where the mother resided or owned property for applicable procedures.
