Obtaining Copy Of Will

Summary

In Delaware, a will becomes public after the testators death, allowing anyone to request a copy from the probate court. If a will isnt filed, its considered an unprobated will, and legal action may be necessary to compel its production. Destroying a will before filing results in the estate being distributed according to intestacy laws. If an executor wont file a will, you can petition the court to compel them to do so, and they may be held liable for damages if they fail.

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Can I get a copy of a will if I am not the executor
Hello ****, it depends on the jurisdiction. Could you please tell me where you are located so I can provide more accurate information?
Delaware
In Delaware:
- The will becomes a public document after the testator's death.
- Anyone, including non-executors, can request a copy from the probate court.
- There may be a small fee associated with obtaining a copy.
What if the person died but the will was never filed
In Delaware:
- If a will isn't filed after death, it's considered an "unprobated will."
- Any person in possession of the will must deliver it to the Register of Wills or to the executor named in the will.
- If this isn't done, legal action can be taken.
But can I get a copy if it wasn’t filed
In Delaware:
- You generally can't obtain a copy of an unfiled will, as it isn't a public document.
- If you believe a will exists but wasn't filed, you may need to take legal action to compel its production.
What if a person destroys a will before it’s been filed
In Delaware:
- If a will is destroyed before it's filed, it's as if no will existed.
- The estate will be distributed according to Delaware's intestacy laws.
- If you suspect foul play, you might consider legal action.
Can you repeat that
In Delaware:
- If a will is destroyed before being filed, it's treated as if no will existed.
- The estate would then be distributed according to Delaware's intestacy laws.
- If you suspect foul play, legal action may be necessary.
What if I have proof that there’s a will but executor won’t file it
In Delaware:
- If there's proof of a will but the executor won't file it, legal action can be initiated.
- You can petition the court to compel the executor to produce and file the will.
- If they fail to do so, they can be held liable for damages.
Repeat that
In Delaware:
- If there's proof of a will but the executor won't file it, you can initiate legal action.
- You can petition the court to compel the executor to produce and file the will.
- If they fail to do so, they can be held liable for damages.