My Aunt just passed away and we can’t find their Will

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My Aunt just passed away and we can’t find their Will

My Uncle passed away 2 years ago and a week ago my Aunt passed away.
They always said they had a Will but we can’t find it. My Aunt was an only
child and does not have any living relatives that we know of. My Uncle has
a very large family including 2 siblings. Who does the estate go to? We live
in California. Also, where do we begin?

Asked on April 8, 2017 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  I am assuming that there was no probate of your Uncle's estate, correct?  If there was check the courts.  It is a public record.  I am also assuming everything was jointly held with your Aunt and that is passed to her "by operation of law" when your uncle died.  If that is the case then it passes through your Aunt's estate, not your Uncle's, meaning his relatives do not inherit unless HER Will states otherwise.  Please go and speak with an attorney in your area.  It appears you may be i line to inherit.  

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption