Florida Probate Basics: Locate the Last Will

The Last Will and Testament provides instructions for what is to be done with the remains and assets. The first step is to locate the last will. When your loved one has passed, you may ask yourself, what am I supposed to do? Where do I start? These are very common and very appropriate questions. Remember, you are not alone.

While there are a number of things “to do,” we always start with the basic question – Where is the Last Will? Generally speaking, the entire purpose of a Last Will and Testament is to provide instructions for what is to be done with the remains of the decedent and what is to be done with their assets.

Locate the Last Will:

What to Look For

The first step is to determine the location of a few potential documents. You don’t need to legally understand the purpose of these documents at this point (of course, feel free to take a look at some of our other blog posts), but try to find any documents with the following titles:

• Last Will and Testament and Codicils (Amendments)
• Revocable or Irrevocable Trust and Trust Amendments

All of the documents above have testamentary aspects to them. Most of the time, you will be able to identify these documents because they will be titled accordingly. Generally speaking, you should be looking for “legal” looking documents that are typed or computer generated. Often times, the title of the document will be at the top of the first page or on a cover page.

As you might expect, the document will often read, “Last Will and Testament of _______.” If it is a Revocable Trust or Irrevocable Trust, it may read, “The John Doe Revocable Trust.” In the instance of a joint trust between husband and wife, it may read, “The John and Jane Doe Revocable Trust.”

Keep in mind that you need to be looking for the original document. If it is done by my office, I have my clients sign all originals in blue ink and all originals are printed on “off white” paper. All copies made by my office are black and white. I believe most attorneys operate this way, so be sure to look for the blue-inked documents.

Locate The Last Will:

Places You Should Look

I always suggest that you start by looking where the decedent all ways kept their “important documents.” This is the always the most likely place for estate planning documents to be found. Ask yourself, where did they keep copies of their tax returns, bank statements, or car titles? Here are a few suggested places to look:

1. In A File Cabinet, Important Document Drawer, Freezer, or Simply Sitting on a Desk

Be sure to look through the decedent’s office files and any locations where there are important documents. Those documents may be in a file cabinet, important document drawer, freezer, or simply sitting on a desk. I have had many estate planning clients call the location many things.

Nevertheless, try to remember where your loved one like to keep their “important documents.” The estate planning documents are likely in the same location.

I had one client call it “The Book,” because it was a very large three ring binder that sat on her office desk in her home. Strangely, it was not labeled nor had any identifying marks that would indicate what was inside. While the client was thoroughly prepared for the eventuality of her death, she did not think about labeling “The Book” or telling anyone where it was located.

The Family only found “The Book” because the decedent had told me about the existence of it and fortunately the family came to me after her passing. I will never forget that client and “The Book,” as I use that story in my estate planning advice to this day.

And, yes, I did write freezer above. Strangely, I have had a few clients that liked to keep some of their important documents in their freezer. I do not recommend this. That being said, people are going to do what they want to do. So, my advice to those clients who want to use their freezer for safe-keeping documents is that at a minimum, please put those documents inside of a zip-lock bag. As you can imagine, water, ice, ink, and paper do not mix well. I love my job. 😉

2. Safe Deposit Box

If you can’t find those documents in any of the places above, you should look is in their safe deposit box. Some clients plan well and make sure that there is someone that is also jointly titled or a signor on the box.

If there is someone else on the box, then you will likely be able to get access. If not, then you will need to file a petition to open safe deposit box with the Court to get permission. This process will be discussed in more detail in a future post. For now, just see if you can find the safe deposit box and see if you can gain access. If you cannot gain access, then you will need to seek the advice of an attorney.

3. Decedent’s Attorney

One final place you should look is at the decedent’s attorney’s office. As you go through the decedent’s important documents, emails, or even their checkbook, you may see correspondence from an attorney or payments to an attorney’s office. If so, call that attorney.

Some attorneys make it a part of their practice to hold on to the client’s original documents. Personally, I do not do this on a regular basis for my practice. Only in specific instances do I hold originals at my office for my clients.

Nevertheless, you should contact any attorneys you find to see if they are holding the documents. Even if they are not, they may have an idea where they are. See “The Book” story above.

I hope this helps you in some way to find the Last Will and Testament or Revocable Trust. As you will see, those documents can lay out what is to be done after their passing. Specifically, many clients include specific directions as to what is to be done with their remains and locations for burial. Nevertheless, if your loved one was a client of ours or if you have questions, please do not hesitate to contact us.