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Getting probate documents in the US

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  • 03-10-2016 3:53pm
    #1
    Registered Users Posts: 15,959 ✭✭✭✭


    A relative died in Texas a couple of years ago. My mother is nosey, and wants to find out to whom this person left their estate. I have to try and help her, she's getting on and has early dementia so is obsessed by this!

    Does anyone know how to go about this?

    I have searched online for the probate court in the County the person died in. The information is very vague. It seems to be set up under some free access to records system, but you have to register, pay a handsome fee, and it seems to be restricted to US citizens.

    I can call them I suppose and get further information, but just wondered if anyone knows the drill.

    Thanks.


Comments

  • Registered Users Posts: 3,809 ✭✭✭Speedwell


    Until the will is filed for probate, it is not a public record and "nosy people" can't access it. To discover whether it has been filed for probate, you should indeed contact the probate court staff directly if the information is unavailable online. If the will has been filed for probate, and you would like a copy, you will be charged a fee of at least their standard per-page copy fee plus the cost of secure posting, plus the fee for certifying the copy if certification is requred. If your mother thinks she is a beneficiary of the will and it has not been presented for probate, it's time to "lawyer up", as we used to say when I lived in Houston.


  • Registered Users Posts: 15,959 ✭✭✭✭Spanish Eyes


    Speedwell wrote: »
    Until the will is filed for probate, it is not a public record and "nosy people" can't access it. To discover whether it has been filed for probate, you should indeed contact the probate court staff directly if the information is unavailable online. If the will has been filed for probate, and you would like a copy, you will be charged a fee of at least their standard per-page copy fee plus the cost of secure posting, plus the fee for certifying the copy if certification is requred. If your mother thinks she is a beneficiary of the will and it has not been presented for probate, it's time to "lawyer up", as we used to say when I lived in Houston.

    Hi and thanks.

    The will has been probated as a distant relative of mum has received an inheritance from deceased relative.

    This was paid out about 18 months ago, so if mum was entitled to anything (she doesn't think so at all), she would have received it by now I would think.

    Anyway, she is really just nosey. lol.

    Seems strange, but there is no email address to contact relevant county court, only a phone number. But that's a start!

    The online system costs $100 registration fee and a charge per record after that! Seems to be set up for PIs and others who need constant access.

    Anyway, I will ring said county court probate office. Seems to be the only way other than registering. I could write snail mail too I suppose.


  • Registered Users Posts: 3,809 ✭✭✭Speedwell


    Hi and thanks.

    The will has been probated as a distant relative of mum has received an inheritance from deceased relative.

    This was paid out about 18 months ago, so if mum was entitled to anything (she doesn't think so at all), she would have received it by now I would think.

    Anyway, she is really just nosey. lol.

    Seems strange, but there is no email address to contact relevant county court, only a phone number. But that's a start!

    The online system costs $100 registration fee and a charge per record after that! Seems to be set up for PIs and others who need constant access.

    Anyway, I will ring said county court probate office. Seems to be the only way other than registering. I could write snail mail too I suppose.

    Yeah, the fees vary per jurisdiction and some of the fees are a trifle abusive. Fortunately Daddy died in San Antonio so we didn't get hit too badly. it sounds like your relative died in a podunk little town out West that is hurting for money, sorry for that (oh, and for the death of your relative; I should have more sensitivity, shame on me). It will help you if you are deferential to the clerk and put your case to them as a request for their expert help, not a demand for something; the poor dears have little else to enjoy about their jobs.

    If your mother is suffering from dementia and must know this thing in order to sleep at night, perhaps the fee is worth it even if it seems excessive. You might ask her whether she needs to know a hundred dollars worth of badly. :)


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