UPDATED: Jul 29, 2011

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Asked on July 29, 2011 New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You give nothing by way of background facts. However, in general, if you are a beneficiary in a Will (i.e. a person who is to receive a gift) you will be notified by the executor (the person assigned to handle estate matters). If you do not receive any notice then you can assume that you are not listed in the Will. However, once the Will is submitted for probate it will be filed with the probate court in the county that was your grandfather's domicile as of the date of his death. At that point you or anyone can obtain a copy since it is then a matter of public record.

You should be aware however, not all property is passed via a Will. Some assets by-pass probate, such as certain joint bank accounts, co-owned real estate and/or life insurance proceeds, etc. In other words, not all of the deceased's property becomes part of the probate estate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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