If your grandfather has just died, and a will cannot be found, it may be a safety deposit box or else left with your granddad's attorney. I don't know about other jurisdictions, but under Texas law, a will can also be filed at the county courthouse before the decedent's death.
If your family cannot find any will whatsoever, he will die "interstate", meaning his estate as well as his debts will have to go through extra probate procedures and then be parceled out to all the legal heirs equally. That means that if your grandmother is still alive and your grandparents didn't divorce, your grandfather's estate will go entirely to her. She will also have to pay for all the expenses he has incurred before death.
If she has died, his estate will be divided up among his children or his children and the children of his children if one of his children has died after fathering children or adopting children. In other words, even if your granddad has written one of his children out of his will, if the will cannot be found, everyone will have to share equally the inheritance and debts your granddad has left.
My dad, who was an attorney, died ten years ago. When my mother asked about the will, he always told her it was in a desk drawer, but when it came time to find it, it couldn't be found. His estate went to my mother, but not without going through probate and a lot of extra aggravation. Mother's will, incidentally, is filed with her attorney.
2007-12-27 11:35:41
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answer #1
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answered by Ellie Evans-Thyme 7
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The courthouse. Go to the probate division -- they file the will with the estate there. What county did he die? It would be filed with ".......County Courthouse/probate division" -- call and ask them how you can view the file.
2007-12-27 18:43:21
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answer #2
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answered by butterfliesRfree 7
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try the courthouse,,it may have been filed.
2007-12-27 18:41:12
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answer #3
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answered by snozzberries 4
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