A Legal MinuteMissing & changed wills
Where to Look When a Will Is Missing
The short answer
Per the speaker, there aren't really guidelines for a diligent search; the court looks at what is fair and reasonable. Places include the house, desk, home safe (with permission). A very limited court order can be sought to open a known safety deposit box, and an estate-planning attorney whose card turns up can be called.
From the full episode What Happens When A Will Is Missing (18:15).
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Transcript
It's hard to say because there's not really guidelines. They haven't laid out, like, if you check boxes A, B, C, then you've done the diligent search. It kind of goes back to the court of saying fair and reasonable.
And so, you know, you search the house. You look in the desk where the other important papers are. If they have a safe in the house, we need permission to open the safe, 'cause some people put their estate planning documents in the safe. If we have knowledge that there is a safety deposit box, we can ask the court for a very limited order to open the safety deposit box to see if it's in there. I've had that happen.
That's about it. If you find an attorney's card on someone's desk and they do estate planning, give them a call. "Hey, was my parent or sibling in there to do a will? They've passed. We're looking at probate. Did they have anything on file with you?" And so that's really the extent of it.
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