How Will My Will Get Associated With Me?

December 13, 2024 11:37 AM

Let's say I die alone and am found by the authorities. Let's also say I have a will - either with lawyer X or online - and I have no living relatives. How do the authorities determine that this deceased person with no living relatives (i.e. who might know where my will is) has a will with lawyer X or online? Or what steps can I take now to ensure lawyer X or my online will is located when required?
posted by 4th Matryoshka Doll to Law & Government (16 answers total)

I think the authorities will go through your papers to see if they can identify next of kin or someone else who can pick up the task of dealing your funeral and your estate. I wouldn't count on them trying very hard so you would want to have a clearly labelled folder in an obvious place with the information needed for the authorities to identify who to notify and then for the people being notified to know how to find the information to take care of your affairs. For people who have a high probability of facing this kind of crisis, it is better to have a card with emergency contact posted on refrigerator where even the paramedics could find it. (I know people who keep their POLST (health emergency info such as DNR and health care power of attorney) posted on their fridge for this reason. I assume it work equally well as an obvious and visible place for authorities to find it easily.
posted by metahawk at 11:52 AM on December 13

Put an emergency contact list in your wallet or other possession that is likely to be on you (or easily found in your home).

If you're in the US, your will needs an executor, typically a person or an organization. Their contact info should be on your contact list.

Problem is, said people will need to know where your assets are to be able to disburse them / put them through probate. That's why having a lawyer be your executor can be helpful. I had that arrangement when I lived in Massachusetts, and I advised that lawyer as to where my assets could be found.
posted by rabia.elizabeth at 11:55 AM on December 13

In the US there is some variation by state, but if people are found dead with no immediately apparent family or friends typically there are state employees whose role is to 1) identify relatives/heirs and 2) if no relatives/heirs can be found, liquidate the estate. The money from his dates then usually goes into state funds but can be reclaimed for some period of time (often 21 years) if heirs turn up.

The best thing you can do to make sure your wishes are carried out is to make sure anyone with a stake and the outcome is aware of those wishes and knows where your will is and perhaps even has a copy. You can also leave a prominently labeled set of instructions and contact information somewhere logical, like a desk. There are a number of prefab kits you can buy like NOKbox but this is something that you can do easily on your own.
posted by The Elusive Architeuthis at 11:55 AM on December 13

Sorry, double-dipping.

If you are making a bequest to a charity, and it's sizable enough, sometimes the charity itself will take on the job of executor. That actually is my current arrangement.

God bless the folks there because they're going to have to deal with assets located around the world. But they know about it and they know where the assets are. (I will need to update them should I invest in new places as time goes on, of course).
posted by rabia.elizabeth at 12:02 PM on December 13

As far as I know, you won't/can't have a will online--not in the U.S., anyway.

Keep in mind that if you have no living relatives or close friends and no beneficiary who cares enough to eventually notice your death...you probably don't care that much what happens to your stuff once you're gone, anyway.
posted by praemunire at 12:02 PM on December 13

A good law firm keeps a copy and scans death notices or may subscribe to a service that checks and will notify the next of kin of the existence of a will. Or at least htis was the case a number of years ago when I had a will, that I should update.
posted by theora55 at 12:07 PM on December 13

Yes.

Spend $100 to meet with an attorney. Document your assets. Get a will done. (Our will turned out to be terrible, but, YMMV). But that is a document that can fulfill your wishes for your assets when you are gone. And will certainly be on file somewhere.
posted by Windopaene at 12:16 PM on December 13

A friend of mine has her "in case of emergency" phone numbers on a notecard taped to her headboard, and I believe it includes her lawyer's info. She is a) very old and b) very practical.
posted by The corpse in the library at 1:46 PM on December 13

Carry something in your wallet/bag with your home address (but separate from house keys).

Get an A4 box file and write on the spine 'WILL' with a sharpie. Place it somewhere in your house where it will be spotted by someone doing a 5 minute walk around. Inside, place the will plus any other info that may be useful for the executor e.g. a list of financial accounts, mortgage & car details and names of anyone you'd want to be notified.
posted by Lanark at 4:03 PM on December 13

Put it on your fridge with a big bright piece of paper indicating you have a will and who to contact.
posted by Sassyfras at 4:44 PM on December 13

Our wills are filed at the county courthouse. My understanding is that wills are filed in the court systems of all states and become public record.
posted by BlueHorse at 8:41 PM on December 13

I live alone and have a few relatives but they live far away. I had a will made a few years ago and the lawyer gave me a copy. I got the impression that was standard practice. I put the will in a fireproof file box in a closet. Then, in a desk drawer I have a clearly labeled envelope of instructions. It's one of the first things that would be found, even if whoever was going through my things didn't make much effort. Page one of the instructions gives the location of my will; the will itself has the name of the lawyer on the cover page.

I don't think the authorities are going to be primarily looking for a will, the first thing they'll want to know is who to contact, so that information should be easy for them to find. I would put written information somewhere it's guaranteed to be found quickly, with the location of the will and phone numbers of anyone you want to be contacted. The person who will be the executor of the will should be on that contact list.
posted by daikon at 10:46 PM on December 13

I've got an envelope on my fridge with medical info - labeled "for EMS" with our drugs and diagnoses and emergency contacts. Could add another with other info.

Our wills were filed with the probate court. I have a binder with all kinds of useful stuff in my desk (bank accounts, insurance info etc) and the key people know where it is.
posted by leslies at 6:59 AM on December 14

Blue horse has it for the US: Wills are managed by county courthouses. If a local attorney draws up your will, they will discuss filing it at the courthouse. You don’t need an attorney to do that, and the fee is modest. A couple of decades ago it was $10. That is one of the first places people can look. Of course if you update your will or move, that’s a detail to manage as well.
posted by childofTethys at 7:00 AM on December 14

> My understanding is that wills are filed in the court systems of all states and become public record.

In my state, a will may be (but does not have to be) deposited with the Probate Register for safekeeping but it is not a public record while the individual is alive. When he or she dies, the will does become a public record, and if it has not been deposited the person who has the original is required to file it with the probate court. Something similar applies in most states, I believe.
posted by yclipse at 9:35 AM on December 14

+1 there is a way to file wills with a court/clerk in at least some US jurisdictions.
posted by Mid at 11:18 AM on December 14