how can i get a copy of will when it hasnt been filed in probate court

UPDATED: Jan 19, 2017

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how can i get a copy of will when it hasnt been filed in probate court

my sister past a way and the lawyer had guarianship has the will and has not
filed anything with the porbate court in ohio

Asked on January 19, 2017 under Estate Planning, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You'd have to  bring a legal action in chancery court (a part or division of county court; the part of court that gives orders in cases not involving monetary damages) seeking a court order terminating his guardianship because she has passed away (you cannot be the guardian over a deceased person) and requiring him to turn the will over to you. Ideally, you should retain a lawyer to help you; if you cannot afford a lawyer or wish to do it yourself, contact the court clerk's office for instructions, possibly sample or template forms, and to find where you can access the rules of court.

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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