Whether or not you can obtain a copy of your parents’ will from the courthouse depends on several factors, including the laws of your state and whether the will has been probated.
Probate
Probate is the legal process of authenticating a will and distributing the deceased person’s assets according to their wishes. If your parents’ will has been probated, it becomes a public record, and you may be able to obtain a copy from the probate court.
Intestacy
If your parents died without a will, their estate will be distributed according to the laws of intestacy in your state. In this case, the courthouse will not have a copy of your parents’ will, as there is none.
Privacy Laws
Some states have privacy laws that restrict access to wills and other probate records. In these states, you may need to meet specific requirements, such as being a named beneficiary or having a legal interest in the estate, to obtain a copy of the will.
Contact the Probate Court
The best way to determine if you can obtain a copy of your parents’ will from the courthouse is to contact the probate court in the county where they resided. The court staff can provide you with information about the probate process and whether the will is a public record.
Alternatives to Obtaining a Copy of the Will
If you are unable to obtain a copy of your parents’ will from the courthouse, there are a few other options you may consider:
- Contact the executor of the estate. The executor is the person responsible for carrying out the terms of the will. They may be able to provide you with a copy of the will.
- Contact an attorney. An attorney can help you determine your rights and options for obtaining a copy of the will.
- File a petition with the probate court. In some cases, you may be able to file a petition with the probate court to obtain a copy of the will.
