Missplaced my parents will but I need to do probate will this cause a problem?

[tamzin22]

My parnets have both very sadly passed away,the estate went from my father to my mother.The will has been misplaced i am an only child living in UK i am returning to clear up the estate and do the probate...Not having the will to hand is this going to cause a problem ?Also how long will the process take??rule of thumb?Would it take longer to do probate if the will isnt found.There is property and some money in Bank etc The will stipulated that i am the sole benificary after my parents passed away.Do solicitors keep copies of the will?if so how do i find out who actually made the will for my father...Many Thanks Tamzin

[Friend In Court]

Yes, your parents solicitor should have a copy of the will he drew as lawyers keep copies of all documents they draw. Probate will begin after the will is located and filed with the court. It is impossible to predict how long probate will take, especially when the will is yet to be located and the amount and types of property unknown -- nor the number of heirs.

If you do not have complete access to the parents records, how do you know the will is misplaced? Did you have possession of the original at one time?

If the will is not located or if there is no will then the estate will be divided according to the laws of succession, divided among your parents direct descendants -- no matter where they live.

[tamzin22]

Hello thank you for the speedy reply my parents reitred back to Barbados and i did have the will in my possesion and all the deeds and bank account details etc ....But i live in the UK and cannot find the will everything else is in order but the will has beeen misplaced....I was the only benificary of the will and i am the only child.....Does it mean the estate would be shared amongst other reliatives if i cannot find it...I do not know where he made the will if here in the UK or Barbados i cannot find any solicitors letters or cards in my parents personal affects.....I am at a loss .....

[Friend In Court]

The laws of descent are that lacking a will, one's estate goes to their direct descendants after paying off their debts and obligations at the time of demise. That is done through the probate process. Without a will, that is referred to as dying "intestate." If you are the only child, then the estate would pass to you.

[Lexus]

Do you know whether that will is authenticated by any means. If so there will be a proof of record of that will. The solicitors may keep the details of the will, you can go through that way to find the details. You have to establish through a court order that you are the only beneficiary of your parents.

Originally Posted by tamzin22 My parnets have both very sadly passed away,the estate went from my father to my mother.The will has been misplaced i am an only child living in UK i am returning to clear up the estate and do the probate...Not having the will to hand is this going to cause a problem ?Also how long will the process take??rule of thumb?Would it take longer to do probate if the will isnt found.There is property and some money in Bank etc The will stipulated that i am the sole benificary after my parents passed away.Do solicitors keep copies of the will?if so how do i find out who actually made the will for my father...Many Thanks Tamzin

What country did they reside in? Those laws will govern. Right now you're receiving answers pertaining to what takes place in the U.S.

Did they pass away together as a result of an accident, or did they pass away at separate times?

[tamzin22]

Hello there thanks for the replies My parents passed away 5 years apart, my mother inhertied from my father and then everything should pass down to meI am an only child i cleared any debts after my mother died before i travelled back to UK so that part is in order.They lived in Barbados.I had the will here with me in the UK where i live.i have the deeds all the other paperwork but i have misplaced the wilI,i know the will is here in my house but where ?this is the million dollar question excuse the pun...The will stated everything should pass on to me..This month im going to Barbados to do the probate and sort out the estate etc but i cannot find the will,i have taken time from work and i have young family so i dont want to be away for too long...Would not having the will cause any problems or delay matters i am going to stay there till all is settled so i dont have to travel backwards and forwards etc....