How Do I Find Out If My Parent Had a Will? 

Trying to find out whether your parent left a will can come with mixed emotions. The thought of losing a loved one is overwhelming enough, but the added stress and confusion of dealing with legal matters can make the process even more challenging.  

At Richard L. Vanderslice, P.C., our experienced estate planning attorney understands your situation. We can guide you through the process with compassionate legal assistance. We serve Pennsylvania residents in Philadelphia and the surrounding areas, including Philadelphia County, Montgomery County, and Delaware County. 

Understanding the Importance of a Will 

A will is a legal document that specifies a person’s wishes regarding the distribution of their assets after death. Determining if your parent had a will is important, as it significantly affects how their estate is managed. A will can provide instructions for asset distribution, designate guardians for minor children, and reduce family disputes by clearly stating the deceased’s intentions.  

The process can seem overwhelming, but there are tried-and-true methods to help you determine if a will exists. Let's explore some steps you can take in this potentially complicated situation. 

Steps to Find a Parent's Will

The proper steps can ease the process of locating this critical document. 

Start the Search at Home 

Before seeking legal assistance, begin your search at home. Wills are often kept in easily accessible places like a home office or safe. Look for documents labeled “Last Will and Testament” or anything resembling a legal document. If your parent had a personal filing system, check folders labeled with legal or financial terms. 

Examine any safety deposit boxes your parent might have had. These are common places to store important documents. If you're unsure about access, contact the bank where the box is held to understand their policies for accessing a deceased person’s safety deposit box. 

Reach Out to Known Associates 

Next, consider contacting your parent’s close friends, family members, or colleagues. They might have information about the existence and location of a will. People often share details about their estate plans with trusted confidants. 

Also, consider contacting your parent’s financial advisor or accountant. These professionals might have been involved in the estate planning process or know of any legal documentation. Financial advisors often work closely with estate lawyers and can provide valuable insights or contacts. 

Check with the Probate Court  

If the previous steps did not uncover a will, another effective method is to check with the probate court in the county where your parent resided. Wills are sometimes submitted to the probate court for safekeeping even before a person's death. Contact the probate court to inquire whether your parent’s will has been recorded in their system. The staff can guide you on requesting a search or accessing such documents if they exist. 

Consult Legal Professionals 

Consulting with an attorney is wise if your initial search does not yield results. Legal professionals have access to resources and databases to aid your search. At Richard L. Vanderslice, P.C., our team can help you determine if a will was filed with the county’s Register of Wills or stored with a local attorney. 

Involving a lawyer ensures that the process is handled efficiently and legally. Our advice is tailored to your needs, ensuring all legal procedures are followed and any discovered will is validated and executed according to Pennsylvania law. 

Pennsylvania Laws Governing Wills 

In Pennsylvania, wills are governed by state laws.  

• Age and capacity requirements: To create a valid will in Pennsylvania, an individual (known as the testator) must be at least 18 years old and understand the implications of their actions and the property they are distributing. 

• Execution of a will: Pennsylvania law requires that a will be in writing and signed by the testator at the end of the document. The signature should be witnessed by at least two individuals present at the same time, although the state does not mandate that these witnesses sign the will. 

• Revocation of a will: A will in Pennsylvania can be revoked by the testator at any point during their lifetime. This revocation can occur by creating a new will or by destroying the existing will with the intent to revoke it. 

• Probate process: After the testator's death, the will must go through probate. This legal process is overseen by the Register of Wills in the county where the deceased resided. The probate process ensures the will’s validity and oversees the distribution of assets in accordance with the testator's wishes. 

Handling an Intestate Estate 

Your parent’s estate will be considered intestate if no will is found. In this case, Pennsylvania’s intestacy laws determine how assets are distributed. Generally, the estate is divided among the surviving spouse, children, or other close relatives. The specifics depend on the family structure and the value of the estate. 

Estate Planning Attorney Serving Philadelphia, Pennsylvania

At Richard L. Vanderslice, P.C., our skilled estate planning attorney is committed to helping clients with their specific situations. Serving Philadelphia and nearby areas, including Philadelphia County, Montgomery County, and Delaware County, we are dedicated to helping you understand wills and how they affect you and your family. Call today to schedule a consultation.