Relatives are flying in to pay their respects to the deceased and it suddenly hits you at the kitchen table where Dad kept his will.

That’s where you are. That’s why you’re here. This happens to a lot of people. There’s often a way through it.

Look around the house, slowly

Many people keep important papers, including their wills in odd places around their home. If you are looking for a will, search every drawer of your deceased loved one’s desk. Look under their bed. Check any safe deposit boxes that your loved one may have rented at a bank.

Look on the computer for the will. Often a person stores copies of their estate planning documents on their home computer. Look for a PDF copy of the will on the computer as well as old emails from an attorney’s office with messages such as “your estate planning documents are ready for signing”. These old emails can confirm that a will existed and who drafted it for your loved one. Learn: Digital Documents sent Automatically

Find the lawyer

Typically, an attorney drafts a testator’s will and then stores the original in their safe storage vault. Look for payment checks from the deceased person’s checkbook or bank statements as well as old invoices in the deceased person’s checkbook, as well as communications with the attorney by the deceased person and his or her family members. His or her accountants and financial advisors are also excellent resources. Also, the deceased person’s siblings, as well as old friends and even business associates, may also have knowledge of the deceased person’s planning.

Can’t find any information about your parent’s attorney? Ask other people that your parent trusted with their finances. Perhaps your parent’s CPA, financial advisor or even a sibling, old friend or business associate can help you locate the documents. Renting a safe deposit box at a bank? Contact that bank to learn what to do in this situation.

Call the clerk of court

Florida law states that a will must be filed with the clerk of the circuit court in the county where the testator resided by the person or people who have the original will within 10 days of the testator’s passing. It’s surprising to many people how a will can be deposited with the court by someone else, even if the family has no idea that it has been done.

Why a copy isn't quite enough

A copy of a will can be probated, although usually more proof, more time and expense are required than with an original. If the original was in the decedent’s hands when he or she died, the law presumes the decedent destroyed the original with the intention of having the copy probated. Therefore, it is advisable to continue searching for the original copy even after a copy has been located.

If there's truly no will

As stated above, if there is no will then the estate will be distributed according to the Florida Statutes’ Intestacy Laws. These laws generally follow the order of: spouse, children, then parents, siblings and other heirs of decedent. However, important to note that assets that have a designated beneficiary, such as life insurance or retirement accounts, will pass to that beneficiary outside of the will or intestacy laws. A probate attorney can discuss these matters in further detail with you.

Don't leave your own kids in this spot

A plan that no one can find is essentially the same as having no plan at all.

Make it easy for your loved ones! We recommend that you upload copies of your important documents such as your will, your trust, your life insurance, irrevocable beneficiaries, etc. to your DokuDocs vault with a note as to where the originals are kept and your attorney’s name. With our Family and Legacy plans, all of the people that you specify will automatically receive a notification when they are needed.

Additionally, if you think that your loved one may have had a DokuDocs vault, we can perform Vault Discovery to search for the vault for you, free of charge, even if you do not have an account.

Note: This article is intended for informational purposes only and should not be used to render advice in a particular matter. Such advice should be obtained from a licensed attorney in the appropriate state who is experienced in probate matters.