finding lost wills

Finding Lost WillsPosted on 03/23/2015

Occasionally we field calls at the PLF from lawyers or members of the public

looking for a lost will. If you find yourself in this position, here are some excellent

tips, courtesy of the Washington State Bar Association:

People frequently contact WSBA for help with finding a relatives will, or

finding the attorney who wrote it. This can be a real challenge, particularly

when many years have passed since it was written. While WSBA does not

keep wills, we can provide some tips for finding them.

If you have the name of the attorney who drafted the will, contact that

person first. You can get the lawyers contact information from our Lawyer

Directory.

Tips for Finding a Will

Some or all of these tips might help. Keep in mind that you dont want to

trespass when trying to find a will. If in doubt, contact the personal

representative for the estate.

Speak with other family members or close friends. These people often know if a will exists and where it might be.

Oregon Law Practice ManagementPractice Management Tips for Oregon Lawyers

Page 1 of 3Finding Lost Wills | Oregon Law Practice Management

6/5/2015http://oregonlawpracticemanagement.com/2015/03/23/finding-lost-wills/

Contact the deceaseds bank(s) to find out if they kept a safe deposit box. Most banks have simple procedures for gaining access to a safe

deposit box in the event of a death.

If you have the authority, check the deceaseds files, computer, lock box and safe.

Check address books or email programs for attorney names. They may have prepared the will or referred the deceased to someone else.

You can look up current contact information for attorneys in our

Lawyer Directory.

If the attorney who prepared the will no longer practices or you cannot find him, call other probate attorneys in the vicinity. They may know

who took over the practice, and whoever took over the practice may

have the wills.

Contact the probate court in the counties where the deceased lived to determine whether the will was registered.

Contact a probate attorney for help. These attorneys have access to networks of other probate attorneys in the state, one of whom may

have the will you are looking for.

We do not keep records on who takes over an attorneys files when they retire, or provide legal advice of any type.

How Oregon departs from these practices

In some cases, the Oregon State Bar or Professional Liability Fund mayknow what became of a lawyers wills and will files. If you are unable to

locate the lawyer who drafted the will, call the Oregon State Bar and speak

with Discipline Records personnel. If the bar is unable to help, contact the

Professional Liability Fund.

Under proposed HB 2327 the Oregon State Bar would be authorized to retain the wills of a nonperforming attorney in digitized form. These digital

copies would be admissible in evidence to the same extent as the original.

(HB 2327 expands the ability of the bar to take custodianship of a

nonperforming attorneys practice.)

Check with the circuit court where the decedent lived. In some cases, non-probated wills may be filed with the court for safekeeping.

More Tips from the WSBA



On a related topic, see Do You Keep Original Wills? Best Practices Say No. We

concur!

All rights reserved [2015] Beverly Michaelis

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This entry was posted in Resources and tagged Beverly Michaelis, estate planning documents, HB 2327, Last will and testament, Oregon law practice management by beverlym. Bookmark the permalink [http://oregonlawpracticemanagement.com/2015/03/23/finding-lost-wills/] .

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