A will is sometimes the only estate planning document a person has. It can identify beneficiaries and what assets they will receive, among other things.
However, many people never even create a will. Even those who claim to have signed a will may not leave it in a location where their family members can find it readily. Those preparing for the beginning of estate administration may worry about what happens if they cannot find a will. Knowing what steps to take next can help people ensure their compliance with the law.
Contact the decedent’s attorney
Even if there is no will included in an individual’s personal documents, their attorney might have the document. They might also be aware that the testator previously revoked a prior version of their will. The information that they have can help families locate documents or move forward with estate administration without the will.
Initiate probate proceedings
Once people have validated that no will exists by checking the decedent’s home and belongings and contacting any attorney they worked with while alive, surviving family members can initiate intestate probate proceedings.
They will need to affirm the absence of a will in court. Then the distribution of property follows intestate succession law. When there is no will, spouses, children and other immediate family members typically inherit everything from the estate.
Those expecting to inherit from an estate or assist with administering it may need guidance when there are unexpected issues that arise, such as the inability to find a will. Getting experienced legal guidance can help people ensure that they fulfill all of their legal obligations, regardless of whether or not there is a will to guide the process.