Can you get a copy of will if you do not live in the state that is was filed or lodged? If so how. I have contacted another state to get a copy of a will and have been told since it was lodged it is not public record.
Answer
Sure. Contact the probate court in the county/state where the estate is probated. Different states have probate courts called different things - in PA, its the Orphans' Court and in NY and NJ, its called the Surrogates' Court. But these are all divisions of the general civil court. Call and see how many pages are in the file and what it will cost to copy and mail to you. Some courts require your request to be in writing. Get the info and if you are writing, mail them any payment for copying (costs may be 25 cents a page) and a self-addressed stamped envelope for them to mail it back. I have been able to get some courts to fax me stuff for free, but its usually only one or two pages. If your documents are more extensive, they may want to charge. But ask if you have a fax. Failing that, hire a lawyer or get a friend who lives in the area to go and pull the file and make copies to send to you.
And you were possibly told wrong. A will, if filed, is a public record. The only exception would be that there are some states where the probate court offers a service to people - for a small fee, they will agree to store a will for a person until a person dies. When the person dies, the will is then filed. If the will is only stored for safe-keeping and the person who made the will is alive, this is NOT a public record and you cannot access the will. But if the will is filed and an estate opened it is a public record.
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