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How can you get a copy of a last will and testament?

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Quick Answer

To obtain a copy of a deceased's persons will, a person can request a copy through the court that is probating the will, About.com reports. Requests can generally be made in person or by mailing or faxing the request in writing. Most courts charge a fee to make photocopies of documents.

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Full Answer

It is not possible to obtain a copy of a living person's will, as that is considered private information, About.com explains. If the estate representing the deceased did not file the will for probate, then that will is not part of the public records, and state law then governs who can see a copy of the will. Generally, those authorized persons are beneficiaries, guardians for minor children and personal representatives.

If someone is named as a beneficiary in a will and has been denied the right to view or obtain a copy of the will, a legal action can be filed in the probate court that holds jurisdiction over that will, About.com notes. In some states, it's illegal for someone in possession of an original will not to file that will for probate once the person in possession of the will learns the maker of the will has passed away.

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