How do I obtain a copy of my deceased grandfather's will?? 8 Answers as of February 20, 2012

You will have to have an attorney file a petition to order her to produce the will. The will would not govern any joint assets. So if he bought a house and titled it in her name, had a bank account, CD and had her name on it, that would pass to her. Same with insurance, retirement accounts, etc.

Get a lawyer and sue her in probate court to force her to produce it.

Alabama law requires a person in possession of a will to either probate it or to provide it to someone who will. You should obtain counsel in this matter.

Tough question, that probably can't be answered on line. In the right circumstance, you could petition to open a probate, but you'll need to be careful not to commit perjury in doing so. Essentially, the idea would be to force that will into court. Exactly how to best do that would depend on the county and the particular assets involved.

There are ways to make her produce the Will, if she has one. However, you will personally incur attorneys fees and costs in doing so. But before you get to that point, it might be worth determining if there are assets that are subject to probate. For example if the main asset your grandfather had was his home and it is in joint tenancy with his widow, the issue of who gets the house pursuant to the Will is a non-issue because the house passes to the widow by operation of law since it was held in joint tenancy. Also under Nevada law to the extent that the probate assets are worth less than $100,000 no matter what the Will says, unless there is a prenuptial agreement or contract all assets (since they are under $100,000) will go to the surviving spouse or minor children (under 18). I will assume your grandfather has no minor children. Thus there may be nothing that would be addressed by a Will. Then again there may be. If you think that the assets exceed $100,000 and/or the home is not in joint tenancy, then you may wish to meet with counsel to discuss the specifics.

I am assuming that you are in Oregon and that Oregon law applies, that you are not a co-executor of the estate and your only status in the case is as a beneficiary of the estate. If there is a Will for your grandfather, the law of every state requires that it be produced and filed with the local county court. However, it may be a tricky diplomatic effort to persuade the holder to turn it in. If you can find the attorney who made it, he or she may have a copy and can help you.

In Florida, the custodian of the Will has 10 days from the date they know the decedent died, to file the will with the Clerk of Court. Attorney fees, costs and damages can be assessed against the custodian if the court finds that he/she had no just or reasonable cause for failing to deposit the Will. You could try sending your grandfather's widow a certified letter citing to Florida Statute, 732.901 (or have an attorney do it for you - might get a better response). Keep in mind, if your grandfather owned all his assets jointly with his new wife, then she is legally entitled to them, and no probate would likely ever be opened.

Sometimes just locating a will can be the most difficult task following a family member's passing. If you know the name of the law firm or attorney that drafted the will for your grandfather, I would start looking there. I keep a signed copy of every will I draft for clients, and on occasion, get a phone call from clients' family members seeking a copy of the will after my client has passed away. You should also consult with a local attorney who practices probate law to find out if there are any unique ways to locate a will in your jurisdiction.